MAINTENANCE FOR MUSLIM WOMEN IN INDIA.

This paper deals with the concept of Maintenance of Women after dissolution of marriages under Muslim Law. This subject matter has been one of the most controversial ones, and has undergone many changes over the years. This paper is an attempt to look at the series of changes which this law has undergone by virtue of enactments and case laws, and to look at what the present position of law is. The paper commences with introducing the concept of maintenance in common parlance and then specifically under Muslim law. The paper explains that how initially, there was a conflict between Muslim Law and section 125of CrPC, which is a general law. In this context, the famous Shah Bano case was decided, which became one of the most landmark judgment. In an attempt to resolve the conflict and clarify the position of law, the Supreme Court in this case gave precedence to CrPC over Personal Laws. This, however, was met with a lot of resentment by the Muslim community, and under preassure, the 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, interpreted the same, and clarified that the position as settled in Shah Bano Case is the correct one, and that, if the true spirit of the Act is looked into, this position shall emerge. Also, there is no conflict between CrPC and Muslim Personal Law. What these judgments and enactments contained and how the same affected the evolution of this particular law, shall be in dept elaborated in the paper being submiited. - See more at: .