‘Joint bank accounts, ATM access’: What SC said on maintenance for women | Latest News India - Hindustan Times
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‘Joint bank accounts, ATM access’: What SC said on maintenance for women

Jul 10, 2024 07:46 PM IST

Justice BV Nagarathna and Justice Augustine George Masih made these remarks as Supreme Court ruled that a Muslim woman can seek maintenance from her husband.

The Supreme Court on Wednesday, while hearing a petition from a man who challenged a Telangana high court's decision that upheld the maintenance order, said that a divorced woman can seek maintenance from her husband. The bench also stated that practical steps like keeping joint bank accounts and sharing ATM access are needed to ensure economic stability for women in the household.

Supreme Court of India. (ANI Photo)
Supreme Court of India. (ANI Photo)

Justice BV Nagarathna and Justice Augustine George Masih made these remarks as the Supreme Court ruled that a Muslim woman can seek maintenance from her husband.

Also read | Divorced Muslim women can seek maintenance from husband, rules Supreme Court

“We highlight the necessity for husbands to provide financial support to their wives,” NDTV quoted the court.

Justices Nagarathna and Masih emphasised that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular law, stating that maintenance is a fundamental right for all married women, not charity.

“This right transcends religious boundaries, reinforcing the principle of gender equality and financial security for all married women. Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. Time has come for Indian men to recognise the indispensable role and sacrifices made by housewives for the family,” it said.

Also read | ‘Congress gave primacy to Sharia’: BJP invokes Shah Bano case in reaction to Supreme Court's ‘maintenance’ verdict

What is the case?

The Supreme Court's ruling is about the case ‘Mohd Abdul Samad vs State of Telangana and anr’. In this case, Abdul Samad, the husband, complained about claims for maintenance from his ex-wife, whom he divorced in 2017.

Initially, a family court ordered Abdul Samad to pay his ex-wife 20,000 per month as interim maintenance.

He challenged this decision in the Telangana High Court, arguing that according to Muslim personal law, a divorced Muslim woman cannot claim alimony under Section 125 CrPC because of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The high court then reduced the maintenance to 10,000 per month. Abdul Samad approached the Supreme Court to challenge the High Court's decision.

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