SC PROVIDES MAINTENANCE ALLOWANCE TO MUSLIM WOMEN

The Supreme Court of India has passed an order to provide maintenance allowance to Muslim women from their husbands under Section 125. The Apex Court in its June 5, 2007 judgement in Iqbal Bano Vs. State of Uttar Pradesh and others has held as follows:

1. A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of Section 3(i) of Muslim Woman (Protection of Rights on Divorce) Act, 1986.

2. Liability of the Muslim husband to his divorced wife arising under Section 3(i)(a) of the Act to pay maintenance is not confined to the iddat period.

3. A divorced Muslim woman who is not remarried and who is not able to maintain herself after the iddat period can proceed as provided under Section 4 of the Act against her relative who are liable to maintain her in proportion to the properties which they inherit on her death according to Muslim law for such a divorced woman including her children and parents. If any of her relatives being unable to pay maintenance, the Magistrate may direct the State Waqf Board established under the Act to pay maintenance.

4. The provisions of the Act do not offend Articles 14, 15 and 21 of the Indian Constitution. The Government does not propose to take any steps in this regard since the Supreme Court has not given any directions to the Central Government in the matter.

This was stated by the Minister of State of Law and Justice, Shri K. Venkatapathy in a written reply in Lok Sabha on September 7.