1985 (4) TMI 345 - SC - Indian Laws

Summary

Issues Involved:

1. Applicability of Section 125 of the Code of Criminal Procedure (CrPC) to divorced Muslim women.
2. Obligation of a Muslim husband to provide maintenance to his divorced wife beyond the iddat period under Muslim Personal Law.
3. Interpretation of Section 127(3)(b) of the CrPC regarding cancellation of maintenance orders upon payment of dower (Mahr).
4. Reconciliation of the provisions of the CrPC with Muslim Personal Law.
5. The role of the Quran in determining the obligation of maintenance.

Issue-wise Detailed Analysis:

1. Applicability of Section 125 of the CrPC to Divorced Muslim Women:

The court ruled that Section 125 of the CrPC, which mandates maintenance for wives, children, and parents, applies to all individuals irrespective of their religion. The term "wife" under Section 125 includes a divorced woman who has not remarried. The court emphasized that the provision is secular and aims to provide a quick and summary remedy to individuals unable to maintain themselves, crossing religious barriers to prevent vagrancy and destitution. The court cited previous judgments, including Bai Tahira and Fuzlunbi, which affirmed the applicability of Section 125 to divorced Muslim women.

2. Obligation of a Muslim Husband to Provide Maintenance Beyond the Iddat Period:

The court examined whether Muslim Personal Law imposes an obligation on the husband to maintain his divorced wife beyond the iddat period. It rejected the argument that the husband's liability is limited to the iddat period, highlighting that the Quran imposes an obligation on Muslim husbands to provide for their divorced wives. The court referred to various translations of the Quran, emphasizing that the term "Mata" signifies "provision" or "maintenance," thus supporting the view that the obligation extends beyond the iddat period if the wife is unable to maintain herself.

3. Interpretation of Section 127(3)(b) of the CrPC:

Section 127(3)(b) of the CrPC provides for the cancellation of maintenance orders if the wife has received the whole sum payable under any customary or personal law on divorce. The court clarified that Mahr, being an amount payable in consideration of marriage, does not qualify as an amount payable "on divorce." The court emphasized that Mahr is a mark of respect for the wife and not a payment occasioned by divorce. Therefore, payment of Mahr does not absolve the husband from the obligation of providing maintenance under Section 125.

4. Reconciliation of the CrPC with Muslim Personal Law:

The court addressed the perceived conflict between Section 125 of the CrPC and Muslim Personal Law. It concluded that there is no conflict, as Section 125 aims to provide maintenance to indigent wives, including divorced Muslim women, irrespective of personal law. The court emphasized that the statutory right under Section 125 prevails over personal law in cases where the divorced wife is unable to maintain herself.

5. The Role of the Quran in Determining the Obligation of Maintenance:

The court extensively referred to the Quran to determine the obligation of a Muslim husband to provide maintenance to his divorced wife. It cited various translations and interpretations of relevant verses, concluding that the Quran imposes a clear obligation on Muslim husbands to make provision for their divorced wives. The court rejected arguments that sought to limit this obligation to the iddat period or to restrict it to the more pious Muslims.

Conclusion:

The court dismissed the appeal, confirming the High Court's judgment that the divorced Muslim wife is entitled to maintenance under Section 125 of the CrPC. It reiterated that Mahr is not an amount payable on divorce and does not absolve the husband from his obligation to provide maintenance. The court emphasized the need for a uniform civil code to ensure justice and national integration. The appellant was ordered to pay the costs of the appeal to the respondent, quantified at rupees ten thousand, and it was noted that the respondent could apply for an increase in maintenance allowance under Section 127(1) of the CrPC upon proof of changed circumstances.