Muslim women also have the right to alimony, joint accounts and ATM access, SC told how to get equal status

New Delhi: The Supreme Court on Wednesday made an important comment on the importance of the role of domestic women in the family. The court said that practical steps need to be taken for the economic stability of women. The court said that now the time has come for Indian men to understand the role of homemakers. The bench of Justice B.V. Nagarathna and Justice Augustine George Masih said this on the demand for alimony on behalf of a Muslim woman. The court said that any married woman is entitled to demand alimony from her husband in case of separation. Religion does not matter in such cases.

From joint accounts to ATM access for wives
The court said that husbands should provide financial support to their wives. While explaining the method for this, it said that husbands should open a joint account. Apart from this, the wife should be given an ATM card and given access to the account. This will bring financial stability in her life and she will feel respected at home. The bench said that Muslim women also come under the purview of section 125. This section is related to the legal right of the wife to alimony. The bench stressed that alimony is not a donation, but a right of every married woman and all married women are entitled to it, no matter which religion they belong to.

‘Any divorced woman is entitled to get alimony’
The apex court dismissed the petition of Mohammad Abdul Samad challenging the order of the Telangana High Court. The High Court had rejected Samad’s request to interfere with the decision of the Family Court regarding alimony. Samad had argued that a divorced Muslim woman is not entitled to alimony under Section 125 of the CrPC. The court will have to apply the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

What is the whole matter?
The apex court had reserved its verdict in the case on February 19 after hearing the arguments of petitioner’s counsel Wasim Qadri. Qadri had argued that the 1986 law is more beneficial for Muslim women than Section 125 of the CrPC. On December 13, 2023, the Telangana High Court did not stay the family court’s decision regarding the payment of interim alimony to Samad’s wife. However, it reduced the amount of alimony from Rs 20,000 to Rs 10,000 per month, which was to be paid from the date of filing the petition.

NCW Chief called the decision historic
National Commission for Women (NCW) chief Rekha Sharma welcomed the Supreme Court’s historic verdict confirming the right of Muslim women to seek alimony. She said the verdict is an important step towards ensuring gender equality and justice for all women, regardless of their religion. “It reinforces the principle that no woman should be left without support and protection under the law. The commission is committed to advocating for women’s rights and ensuring that every woman in India gets justice,” she said.

The verdict has eliminated one of the biggest threats to the Constitution: BJPThe BJP on Wednesday hailed the Supreme Court’s verdict that said a divorced Muslim woman is entitled to alimony from her husband. BJP spokesperson and Rajya Sabha MP Sudhanshu Trivedi said the Rajiv Gandhi government’s decision to enact a law to overturn the apex court’s verdict granting alimony to divorced Muslim women was one of the biggest threats to the Constitution as it gave primacy to Sharia and Islamic laws. “Whenever the Congress has been in power, the Constitution has been in danger. This was a decision (of the Rajiv Gandhi government) that gave primacy to Sharia over the Constitution. The prestige of the Constitution which was trampled upon during the Congress government has been restored by this. The verdict has eliminated one of the major threats to the Constitution,” he/she said. The Supreme Court had in 1985 allowed a woman’s plea for alimony from her husband after divorce in what is commonly known as the Shah Bano case. However, following protests from orthodox Muslim groups, the then Congress government passed a law in Parliament to overturn the verdict. Trivedi said that the Supreme Court has now given a big relief to Muslim women. he/she said that this should be seen beyond the matter of religion, because it is an issue of equal rights.