The Supreme Court has decided to examine a plea regarding the eligibility of a divorced Muslim woman to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC).
Bench Appointment:
A bench comprising Justices B V Nagarathna and Augustine George Masih has appointed senior advocate Gaurav Agarwal as amicus curiae to assist the court in the matter.
Origin of the Case:
The case stems from a special leave petition filed by Mohd Abdul Samad challenging a Telangana High Court order dated December 13, 2023.
Petitioner’s Argument:
Mohd Abdul Samad’s counsel, senior advocate S Wasim A Qadri, contends that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, divorced Muslim women are not entitled to file a petition under Section 125 of the CrPC. He argues that the provisions of the 1986 Act are more favorable to Muslim women compared to Section 125 of the CrPC.
Court’s Decision:
The Supreme Court recognizes the complexity of the case and the necessity for expert opinion. Therefore, it appoints an amicus curiae and schedules the matter for consideration on February 19, 2024.
High Court’s Ruling:
Prior to the Supreme Court’s intervention, the High Court had directed Mohd Abdul Samad to pay interim maintenance to his ex-wife. The High Court ordered him to pay Rs 10,000 per month from the date of the petition and specified deadlines for clearing the arrears. Additionally, it instructed the Family Court to resolve the main matter within six months.
Multiple Choice Questions (MCQs):
- Who has been appointed as the amicus curiae by the Supreme Court?
a) Mohd Abdul Samad
b) Gaurav Agarwal
c) S Wasim A Qadri
d) Augustine George Masih
Answer: b) Gaurav Agarwal - Which Act is cited to argue against the eligibility of divorced Muslim women for maintenance under Section 125 of the CrPC?
a) Criminal Procedure Code, 1973
b) Muslim Women (Protection of Rights on Divorce) Act, 1986
c) Personal Laws
d) Telangana High Court Act
Answer: b) Muslim Women (Protection of Rights on Divorce) Act, 1986 - What is the amount of interim maintenance ordered by the High Court?
a) Rs 20,000 per month
b) Rs 15,000 per month
c) Rs 10,000 per month
d) Rs 5,000 per month
Answer: c) Rs 10,000 per month - What is the deadline set by the High Court for clearing 50% of the arrears of maintenance?
a) January 24, 2024
b) February 19, 2024
c) March 13, 2024
d) December 13, 2023
Answer: a) January 24, 2024