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Explained | Supreme Court verdict on divorced Muslim women’s right to maintenance
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In a landmark ruling, the Supreme Court on July 10 ruled [Mohd Abdul Samad vs The State of Telangana] that divorced Muslim women can demand maintenance from their former husbands under Section 125 of the Code of Criminal Procedure (CrPC), 1973 – affirming that a parallel remedy under this secular statutory provision cannot be foreclosed by the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986 which is a personal law or a religion-specific law.
A bench of Justices B.V. Nagarathna and Justice Augustine George Masih pronounced separate but concurring judgments upholding the rights of Muslim women after a Muslim man challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former wife under Section 125 of the CrPC. He had contended that the maintenance claim in his case would instead be governed by the provisions of the 1986 Act.
In this video, we will delve into what the Supreme Court has said in this ruling, its significance and what these two laws stipulate.
Presentation and script: Aaratrika Bhaumik
Production: Vishnoo Jotshi
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A bench of Justices B.V. Nagarathna and Justice Augustine George Masih pronounced separate but concurring judgments upholding the rights of Muslim women after a Muslim man challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former wife under Section 125 of the CrPC. He had contended that the maintenance claim in his case would instead be governed by the provisions of the 1986 Act.
In this video, we will delve into what the Supreme Court has said in this ruling, its significance and what these two laws stipulate.
Presentation and script: Aaratrika Bhaumik
Production: Vishnoo Jotshi
Thank you for watching our video!
You can also download our apps:
Follow us:
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