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Full Text of " ": The Uniform Civil Code Under The Constitution of India A Critical Appraisal

The document discusses a Supreme Court case about whether Muslim personal law requires husbands to financially support divorced wives, and whether divorced Muslim wives can seek maintenance under criminal law. The Court found that criminal law overrides personal law on maintenance. It also found that Muslim personal law does not prevent requiring husbands to support divorced wives who cannot support themselves financially beyond the initial iddat period after a divorce.

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Rakesh Sahu
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46 views

Full Text of " ": The Uniform Civil Code Under The Constitution of India A Critical Appraisal

The document discusses a Supreme Court case about whether Muslim personal law requires husbands to financially support divorced wives, and whether divorced Muslim wives can seek maintenance under criminal law. The Court found that criminal law overrides personal law on maintenance. It also found that Muslim personal law does not prevent requiring husbands to support divorced wives who cannot support themselves financially beyond the initial iddat period after a divorce.

Uploaded by

Rakesh Sahu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Full text of "The Uniform Civil Code

Under The Constitution Of India A


Critical Appraisal"
See other formats

THE UNIFORM CIVIL CODE UNDER


<Q) THE CONSTITUTION OF INDIA: A CRITICAL iSl

APPRAISAL v

Thesis Submitted for the Degree of

Doctor of Philosophy

Law

Supervisor
Prof. J.D. Singh
Director /Dean
B.J.J.R. Institute of Law
Submitted by
Ranjan Kumar
Lecturer, Faculty of Law
M. G. Kashi Vidyapith
Varanasi (UP)

(0) 2005

|tj| BABU JAGJIVAN RAM INSTITUTE OF LAW

BUNDELKHAND UNIVERSITY,

JHANSI (U.P.)

FORWARDING CERTIFICATE

Certified that Shri Ran] an Kumar has prepared this thesis


entitled “ THE UNIFORM CtVIL.CODE UNDER THE CONSTITUTION
OF INDIA : A CRITICAL APPRAISAL” for the award of the degree
of doctor of philosophy under my supervision and I am fully
satisfied that the materials presented in the thesis were collected
by Shri Ranjan and his thesis embodies the results of his
investigation conducted during the period he worked as Ph.D.
Scholar.

It is further certified that Shri Ranjan has conducted the


research work for the full period prescribed under the ordinance.

This thesis submitted by Shri Ranjan is forwarded for nec-


essary action.

(Prof. J.D.Smgh)
Director / Dean
B.J.J.R. Institute of Law,
Bundelkhand University
Jhansi (U.P.)

Direct w I Dean

Head of Department
JJifeti Jsgjivan Bam institute of Law*
Bwidelkhanct Umvaisity JHANSI

In this case the question before the Supreme Court was;


does the Muslim personal law impose no obligation upon the
husband to provide for the maintenance of his divorced wife, and
whether the divorced Muslim wife is entitled to apply for
maintenance under section 125 of Criminal Procedure Code.
OUTCOME OF THE SHAH BANO

This case was heard by a full bench of the Supreme Court


comprising V. Chandrachud C. J., D.A. Desai, O. Chinnapa Reddy,
E.S. Venkataramiah and R.N. Mishra JJ. The Judgment was
delivered by the Chief Justice on behalf of the unanimous bench.
In this case the Supreme Court analysed in detail the law relating
to maintenance under Muslim law and Criminal Procedure Code.
The Court's conclusions may be summarised as follows:

{i} Under section 125 Criminal Procedure Code even a Muslim


women has right to refuse to live with her husband if he
contracts another marriage. It shows that sec. 125 overrides
the personal law, if there is any conflict between the two.

(ii) Since the Muslim personal law, which limits the husbands
liability to provide for the maintenance of the divorced up
to the period of iddat, does not contemplate or countenance
the situation envisaged by Section 125, it would be wrong
to hold that the Muslim husband, according to his personal
law, is not under an obligation to provide maintenance, beyond
the period of iddat, to his divorced wife who is unable to
maintain her self. The argument of the appellant that,
according to the Muslim personal law, his liability to provide
for the maintenance of his divorced wife is limited to the

215

period of iddat, despite the fact that she is unable to maintain


herself can not be accepted.
Therefore, there is no conflict between the provisions of Section
125 and those of the Muslim personal law on the question of the
Muslim husband's obligation to provide maintenance for a
divorced wife who is unable to maintain herself.

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