Danial Latifi & Another vs Union Of India case summary
INTRODUCTION
Various legal systems have different measures in place to protect the financial stability of divorced spouses. In India, laws on maintenance are put in place to protect the dignity and rights of women who rely on their partners for financial support. Maintenance is a key factor in ensuring justice for the victims. It refers to the financial assistance one party must give to another during a divorce. Following the enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986, also known as the "Act," the focus on maintenance for Muslim women in India increased. The same issue was addressed in the Daniel Latifi & Anr vs. Union of India (2001) case.
FACTS
Shah Bano wed Moh Ahmed Khan, a well-known lawyer, in 1932. They had a combined total of five offspring. Mohd Ahmad Khan got married to another woman after being married for 14 years. At 62 in 1975, Shah Bano was rejected by her husband and kicked out of her marital home. She filed a civil appeal under section 125 of the Criminal Procedure Code, 1973. The husband left her, no longer providing Rs 200 monthly maintenance. He divorced his wife by saying the irrevocable triple talaq. After uttering irrevocable triple talaq, he stated in court that he was no longer obligated to provide maintenance to his wife.
The local court ordered him to provide RS 25 as maintenance to her. Afterwards, Shah Bano took her case to the high court in order to request a change in the amount to Rs 179 mon
Mohd Ahmad Khan stated that under Islamic law, he is not allowed to maintain any relationship with his divorced wife as it is forbidden.
Issues of Daniel Latifi vs. Union of India (2001)
Does the Muslim Women (Protection of Rights on Divorce) Act, 1986, restrict the maintenance rights of divorced Muslim women to just the iddat period?
Does this restriction violate Constitutional rights by showing bias against Muslim women in comparison to women of different faiths who are not subject to similar limitations when seeking maintenance under the CrPC?
Does the Muslim Women (Protection of Rights on Divorce) Act, 1986, go against the Constitution of India?
JUDGEMENT
The Supreme Court also determined that the law specifically pertains to Muslim women who have been divorced according to Islamic law. Nevertheless, the Act does not cover individuals who have been divorced under different regulations. It excludes Muslim wives who are abandoned or divorced. Maintenance is necessary only for the duration of the iddat period; beyond that, the woman's relatives or, if needed, the State Wakf Board is responsible. Also stated that the husband is required to provide maintenance beyond the iddat period, as outlined in Section 3(1)(a).
-SHIVANII SINGH
2ND YEAR
Comments