Give your understanding of the recent judgement given by the Supreme Court ob Section 125 Crpc.
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On July 10, 2024, the Hon’ble Supreme Court held that divorced Muslim women had the right to receive financial support as stipulated in Section 125 of the Code of Criminal Procedure (CrPC). The decision confirmed that personal laws cannot supersede a secular law remedy. The court also determined that a divorced woman has the right to receive financial support according to Section 125 CrPC, regardless of the reason for the divorce being desertion.
Regardless of the divorced wife’s religious beliefs, Section 125 CrPC requires a husband to provide her maintenance each month. According to Section 125 CrPC, a wife may bring a petition to get her husband to support her if he refuses or fails to do so. Applications for maintenance may be submitted in any district where the spouse responsible for the payment lives, the wife resides, or the spouse last lived with the wife.
On July 10, 2024, the Hon’ble Supreme Court held that divorced Muslim women had the right to receive financial support as stipulated in Section 125 of the Code of Criminal Procedure (CrPC). The decision confirmed that personal laws cannot supersede a secular law remedy. The court also determined that a divorced woman has the right to receive financial support according to Section 125 CrPC, regardless of the reason for the divorce being desertion.
Regardless of the divorced wife’s religious beliefs, Section 125 CrPC requires a husband to provide her maintenance each month. According to Section 125 CrPC, a wife may bring a petition to get her husband to support her if he refuses or fails to do so. Applications for maintenance may be submitted in any district where the spouse responsible for the payment lives, the wife resides, or the spouse last lived with the wife.
The recent Supreme Court judgement on Section 125 of the Criminal Procedure Code (CrPC) reinforces the fundamental principle of ensuring financial support to dependents. Section 125 CrPC mandates that a person with sufficient means must provide maintenance to their wife, children, and parents if they are unable to maintain themselves.
In its ruling, the Supreme Court underscored the objective of Section 125 as a measure to prevent destitution and vagrancy. The court emphasized that the provision is a welfare measure, aimed at securing the rights of dependents and ensuring they have the means to live a life with dignity. The judgement reiterated that maintenance should be granted promptly and efficiently, without prolonged litigation delays.
Additionally, the court clarified that the term “wife” includes a divorced woman who has not remarried, highlighting the intent to protect all women, irrespective of their marital status at the time of seeking maintenance. The court also stressed the need for a pragmatic approach in determining the amount of maintenance, considering the rising cost of living and inflation.
Overall, the judgement strengthens the enforcement of Section 125 CrPC, ensuring that dependents receive timely financial support, aligning with the broader objective of social justice and welfare.