Supreme Court says Indian married men must financially empower wives
· Court dismisses man’s plea against paying interim maintenance
· Court says financial empowerment secures homemaker’s position in family
Financial Empowerment for Homemakers
On Tuesday, the Supreme Court made a significant observation regarding the financial responsibilities of married men towards their homemaker wives. The court emphasized that an Indian married man must recognize the importance of financially empowering his wife, especially if she does not have an independent source of income. This observation was made during a hearing of a petition filed by a Muslim man challenging an order to pay interim maintenance to his divorced wife under Section 125 of the Criminal Procedure Code (CrPC).
Landmark Observation
A bench comprising Justices BV Nagarathna and Augustine George Masih dismissed the man’s plea, reinforcing that the law for seeking maintenance is applicable to all women, regardless of their religion. The court underscored the rights of homemakers, acknowledging their continuous efforts for the family’s welfare without expecting anything in return.
“I observe that an Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs. In other words, giving access to his financial resources,” stated the court.
Recognition of Responsible Husbands
The bench further noted that financial empowerment would place homemakers in a more secure position within the family. It acknowledged those Indian married men who already make their financial resources available for their spouse’s personal expenses, possibly through joint bank accounts or ATM cards, as being conscious of their responsibilities.
Case Background
The petitioner, Mohammed Abdul Samad, had challenged a Telangana High Court order that upheld the maintenance order from the family court. He argued that a divorced Muslim woman is not entitled to maintenance under Section 125 of the CrPC and should instead invoke the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Supreme Court’s Stance on Maintenance
During the hearing, the Supreme Court reiterated that a Muslim woman could seek maintenance from her husband under Section 125 of the CrPC, emphasizing the provision’s religion-neutral nature. The court highlighted the landmark Shah Bano judgment of 1985, which upheld the applicability of Section 125 of the CrPC to Muslim women, asserting that this provision takes precedence over Muslim personal law.
In the Shah Bano case, the Supreme Court ruled that the petitioner was entitled to maintenance beyond the iddat period, asserting that the right to maintenance is fundamental and cannot be curtailed by personal laws. This judgment, however, faced significant backlash from the Muslim community, which viewed it as an infringement on their personal laws and religious practices.
Legislative Response and Further Clarifications
In response to the controversy, the central government led by former Prime Minister Rajiv Gandhi passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, effectively overturning the Shah Bano judgment. However, in 2001, the Supreme Court upheld the constitutionality of the 1986 Act but interpreted its provisions to align with principles of justice and fairness.
The court clarified that the Act does not prevent a divorced Muslim woman from claiming maintenance beyond the iddat period. It ruled that a “reasonable and fair provision and maintenance” must be made by the husband within the period of iddat, potentially covering her entire life unless she remarries or is able to support herself.
The Supreme Court’s recent judgment reinforces the principle that the financial empowerment of homemakers is essential for their security and well-being. It also reaffirms the applicability of maintenance laws to all women, irrespective of their religion, emphasizing the importance of justice and fairness in matrimonial matters. This landmark observation not only strengthens the rights of homemakers but also sets a precedent for the equitable treatment of all women in India.
(With inputs from agencies)
