In Muslim law, the wife can seek the dissolution of the marriage on the ground of lack of maintenance by her husband. Maintenance refers to the financial support that the husband is obligated to provide to his wife and the children according to Muslim law. If in any situation the husband didn’t provide the maintenance to the wife, she can seek the dissolution of the marriage.
Section 2: DISSOLUTION OF MUSLIM MARRIAGE ACT, 1939:
Failure to maintain: if the husband has neglected or has failed to provide for her maintenance for two years, married Muslim women can obtain a decree for the divorce.
Under this section, Muslim law ensures that, the maintenance of a married women and their children from their husband. The husband is bound to provide his wife with food, shelter, and other necessities. Muslim women can claim their right to maintenance through the following legislation:
1. Muslim personal law
2. The Muslim Women (protection of Rights on Divorce) Act, 1986 3. Criminal procedure code, 1973
There are some circumstances in which women can be denied the right to her maintenance and they are:
1. If the right to maintenance got suspended during the marriage 2. No maintenance to apostate wife
3. If it was due to the wife’s defect that the marriage dissolved
4. If she is a minor and because of that the marriage cannot be consummated. 5. If she is imprisoned.
CASES
ZOHRA KHATOON v. MOHD. IBRAHIM
In this case, the supreme court held that the word ‘wife’ mentioned in section 125(1) explanation (B) of the criminal procedure code, 1973 includes women who have been divorced or women who have obtained the decree for dissolution of their marriage under any of the provisions of the dissolution of marriages act 1939.
Triple talaq Landmark case
MOHD. AHMAD KHAN v. SHAH BANO BEGUM (AIR 1985 Scr (3) 844) Facts:
▫ Shah Bano was married to Mohd. Ahmad Khan, there were parents of 3 sons and 2 daughters
▫ After 14 years Mohd. Ahmad Khan married another woman. ▫ In 1975, Shah Bano was disowned by her husband and was thrown out of her matrimonial home along with her children.
▫ Shah Bano filled this suit in1978 because her husband had abandoned her from the maintenance of Rs. 200 per month which he guaranteed to give. ▫ A wife who is without any income and is neglected by her husband is entitled to maintenance, which includes a divorced wife who is not remarried (2).
▫ In November 1978, he gave divorced his wife Shah Bano by articulating or uttering “triple talaq” and it was irrevocable.
▫ The local court directed Mohd. Ahmed to furnish her Rs. 25 per month to Shah Bano in the form of maintenance.
▫ Shah Bano’s precedent went to supreme court and filed a petition against the verdict of high court of Madhya Pradesh.
Issues raised in this case:
• Whether section 125 of the Code of criminal procedure is concerned with Muslims or not.
• Whether the amount of Mehr given by the husband on divorce is adequate to get the husband rid and is liable to maintain his wife. • Whether a uniform civil code applies to all religions or not.
JUDGEMENT
The verdict of the Shah Bano case was conveyed by CJ, Chandrachud.
The court held that section 125(3) of the code of criminal procedure was solicited Muslims too, without any seek of discrimination.
Supreme court in this case duty held that since the responsibility of a Muslim husband towards her divorced wife is limited to the extent of the “Iddat” period, even though this situation does not contemplate the rule of law that is mentioned in section 125 of Crpc., 1973(4).
