Joint accounts, ATM access: Supreme Court says ’practical measures’ necessary for homemakers

  • The Supreme Court was hearing a petition challenging the Telangana High Court's order refusing to interfere with the family court's maintenance order.

Livemint
Updated10 Jul 2024, 03:34 PM IST
The Supreme Court of India ruled that a Muslim woman could seek maintenance from her husband under Section 125 of the CrPC.
The Supreme Court of India ruled that a Muslim woman could seek maintenance from her husband under Section 125 of the CrPC.(HT_PRINT)

The Supreme Court on Wednesday, July 10, underlined the importance of the homemaker's role in the family, and said that practical measures were necessary to ensure economic stability for women.

The observations were made by a bench of Justice BV Nagarathna and Justice Augustine George Masih as the Supreme Court ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC.

The court was hearing a petition by a man challenging the Telangana High Court order refusing to interfere with the maintenance order.

“We highlight the necessity for husbands to provide financial support to their wives,” reported NDTV, citing the court's observation.

Also Read | Divorced Muslim woman can claim maintenance under CrPC: SC

The bench further added that practical measures such as maintaining joint bank accounts and sharing ATM access were necessary to ensure economic stability for women within the household.

Meanwhile, the apex court ruled that a Muslim woman could seek maintenance from her husband under Section 125 of the CrPC.

The court noted that the ‘religion neutral’ provision is applicable to all married women irrespective of their religion.

The Muslim Women (Protection of Rights on Divorce) Act, 1986 will not prevail over the secular law, a bench of Justices BV Nagarathna and Augustine George Masih said while stressing that maintenance is not charity but the right of all married women.

Also Read | Mamata Banerjee’s close aide and Kolkata Mayor stirs controversy; BJP reacts

What was the case

Mohammed Abdul Samad challenged a Telangana High Court order refusing to interfere with the family court's maintenance order. However, the apex court dismissed the petition. After the petitioner's argument, the bench reserved its verdict on February 19.

According to PTI, Samad said that he got divorced in accordance with personal laws in 2017, and there was a divorce certificate to that effect, but the family court did not consider it, and it ordered the payment of interim maintenance.

Samad contended that a divorced Muslim woman is not entitled to maintenance under Section 125 of CrPC and has to invoke the provisions of the 1986 Act.

Also Read | Bihar JD(U) MP from Sitamarhi refuses to work for Muslims and Yadavs. Here’s why

What Supreme Court said

Dismissing the criminal appeal, the court said that the Muslim Women (Protection of Rights on Divorce) Act, 1986 would not prevail over the secular law.

The erstwhile Code of Criminal Procedure's Section 125, which deals with a wife's legal right to maintenance, covers Muslim women, added the bench.

 

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First Published:10 Jul 2024, 03:34 PM IST
HomeNewsIndiaJoint accounts, ATM access: Supreme Court says ’practical measures’ necessary for homemakers

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