Right to Maintenance

During subsisting marriage

Under Muslim law, a wife is entitled to maintenance from her husband during the subsistence of the marriage, provided she is faithful and obedient.

This obligation is rooted in the principle that the husband is bound to support his wife financially in exchange for her fidelity and cohabitation.

Scope:

• Includes food, clothing, residence, medical needs, and personal care
• Applicable whether or not the wife has personal income

During Iddat period after divorce

After the pronouncement of divorce, a Muslim woman is entitled to maintenance for the duration of her iddat (waiting period).

Duration of Iddat:

• Three menstrual cycles (approximately 3 months), if menstruating
• Three lunar months, if not menstruating
• Four months and ten days in case of husband’s death
• Until delivery in case of pregnancy

This maintenance includes shelter, food, and healthcare during the iddat period and is a legal and moral obligation of the husband.

Maintenance after Divorce

Shah Bano Case

The landmark case of Mohd. Ahmed Khan v. Shah Bano Begum (1985) laid the foundation for interpreting the right to maintenance under secular law.

Facts:

• Shah Bano, a 62-year-old divorced Muslim woman, sought maintenance under Section 125 CrPC.
• The husband argued that he was only liable during iddat under Muslim personal law.

Judgment:

• The Supreme Court held that a divorced Muslim woman is entitled to maintenance beyond the iddat period under Section 125 CrPC, which applies to all citizens regardless of religion.
• This case generated significant debate and became a trigger for legislative intervention.

The Muslim Women (Protection of Rights on Divorce) Act, 1986

This Act was enacted by Parliament in response to the Shah Bano case to clarify the rights of divorced Muslim women.

Key Provisions:

• Husband must provide reasonable and fair provision and maintenance within the iddat period
• Includes future provision even though payable during iddat
• If the woman is unable to maintain herself after iddat, the responsibility shifts to her relatives, or to the Wakf Board

This Act was seen as a compromise between personal law and secular maintenance rights.

Section 125 CrPC vs. Muslim Women Act

Answer:

Maintenance of Children

Father's obligation

Under Muslim personal law, the primary obligation to maintain children lies with the father. This duty exists irrespective of the father's marital status or economic condition of the mother.

Scope of Obligation:

• Includes food, clothing, shelter, medical care, and education (where possible)
• Applies to both male and female children

Duration:

• Male child: Until he attains puberty or is capable of earning
• Female child: Until her marriage

Relevant Provision:

Under Section 125 CrPC, even an illegitimate child is entitled to maintenance from the father if paternity is established.

Mother's obligation (in certain cases)

The mother is not legally bound to maintain her children. However, in exceptional circumstances (such as the father's death, absence, or insolvency), the mother may take on this responsibility.

Voluntary maintenance:

• If the mother maintains the child, she may claim reimbursement from the father or his estate (if deceased)

Answer:

Maintenance of Parents

Obligation of children

Under Muslim law and Indian secular law, children are bound to maintain their parents, particularly if the parents are indigent (without means) and unable to support themselves.

Islamic View:

• Seen as a religious and moral obligation
• Based on Quranic injunctions and Hadith, which emphasize duty to parents

Legal Provision:

• Section 125 CrPC provides a statutory right to maintenance for parents from both sons and daughters

Conditions:

• Parent must be unable to maintain themselves
• Child must have sufficient means

Answer: