Maintenance of muslim women: a study of criminal procedural code

This paper deals with the Maintenance of Women after dissolution of marriage with reference to Muslim Law. This subject matter has been one of the most controversial ones which have undergone many changes over the past decade. This paper is an attempt to look at the series of changes which the law has undergone by enactments and case laws, and to look at the present position of law. The paper commences with introducing the concept of maintenance in common and then specifically under Muslim law. The paper explains that how initially, there was a conflict between Muslim Law and section 125 of Criminal Procedural Code of India. In this context, the famous Shah Bano case was decided, which is one of the most landmark judgments. In an attempt to resolve the conflict, the Supreme Court in this case gave precedence to Criminal Procedural Code of India over Personal Laws. This, however, was met with a lot of objections by the Muslim community, and under pressure, The Muslim Women (Protection Of Rights On Divorce) Act, 1986 was passed in order to nullify the effects of the judgment. However, interpreting this Act in Daniel Latifi v. Union of India, the Supreme Court, along with declaring the Act to be constitutionally valid and clarified that the position settled in Shah Bano Case is the correct one, and that, if the true spirit of the Act is looked into, this position may emerge. Also, there is no conflict between Criminal Procedural Code of India and Muslim Personal Law. What these judgments and enactments contained and how the same affected the evolution and development of this particular law, shall be in deeply elaborated in the paper being submitted.