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What does the Supreme Court of India clarify regarding Muslim women seeking maintenance?
What does the Supreme Court of India clarify regarding Muslim women seeking maintenance?
What was a significant outcome of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
What was a significant outcome of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
What did the Constitution Bench do in 2001 regarding the 1986 Act?
What did the Constitution Bench do in 2001 regarding the 1986 Act?
According to Justice Masih, how should the personal law provision and the secular remedy for seeking maintenance exist?
According to Justice Masih, how should the personal law provision and the secular remedy for seeking maintenance exist?
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What social purpose does the CrPC provision for maintenance aim to achieve, according to Justice Nagarathna?
What social purpose does the CrPC provision for maintenance aim to achieve, according to Justice Nagarathna?
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What does the latest verdict by the Bench of Justices Nagarathna and Masih settle?
What does the latest verdict by the Bench of Justices Nagarathna and Masih settle?
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What does the verdict by the Supreme Court aim to achieve regarding Muslim women's rights?
What does the verdict by the Supreme Court aim to achieve regarding Muslim women's rights?
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What was the reaction to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
What was the reaction to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
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What significant clarification did the Supreme Court of India make regarding Muslim women's right to maintenance?
What significant clarification did the Supreme Court of India make regarding Muslim women's right to maintenance?
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When was the Muslim Women (Protection of Rights on Divorce) Act enacted?
When was the Muslim Women (Protection of Rights on Divorce) Act enacted?
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Which section of the CrPC allows a divorced woman to apply for maintenance from a magistrate?
Which section of the CrPC allows a divorced woman to apply for maintenance from a magistrate?
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What does the 1986 Act codify regarding a Muslim woman's rights?
What does the 1986 Act codify regarding a Muslim woman's rights?
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Who were the judges involved in the latest Supreme Court verdict on Muslim women's right to maintenance?
Who were the judges involved in the latest Supreme Court verdict on Muslim women's right to maintenance?
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Which case allowed a divorced Muslim woman to apply for maintenance from a magistrate under Section 125 of the CrPC?
Which case allowed a divorced Muslim woman to apply for maintenance from a magistrate under Section 125 of the CrPC?
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What is Justice Masih's view on the relationship between the 1986 Act and the CrPC?
What is Justice Masih's view on the relationship between the 1986 Act and the CrPC?
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What does Justice Nagarathna emphasize about the provision for maintenance in the CrPC?
What does Justice Nagarathna emphasize about the provision for maintenance in the CrPC?
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What was a significant criticism of the 1986 Act?
What was a significant criticism of the 1986 Act?
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What does the term 'harmonious interpretation' refer to in the context of the Supreme Court's verdict?
What does the term 'harmonious interpretation' refer to in the context of the Supreme Court's verdict?
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Study Notes
Secular Remedy for Muslim Women
- The Supreme Court of India has clarified that a divorced Muslim woman can seek maintenance under the Code of Criminal Procedure (CrPC).
- The Muslim Women (Protection of Rights on Divorce) Act, 1986, was enacted to restrict Muslim women's relief to what is allowed in Muslim personal law alone.
- The 1986 Act was upheld by a Constitution Bench in 2001, but with the condition that it would not foreclose the secular remedy for Muslim women.
- The latest verdict settles the dispute between Section 3 of the 1986 Act and Section 125 of CrPC, holding that both provisions can exist in parallel.
- The 1986 Act codifies a Muslim woman's rights, including maintenance during the Iddat period, provision for a dignified life until she remarries, and return of mehr and dowry.
- The CrPC can be invoked by a woman if she is unable to maintain herself, while the 1986 Act makes it a Muslim husband's obligation to provide for his divorced wife and her children up to a certain point.
- The verdict is an example of harmonious interpretation to expand the scope of rights and secularize access to remedies.
NEET Transparency
- The government must ensure greater transparency in NEET.
International Relations
- Commentators in the West believe that Moscow and Beijing cannot be expected to become responsible stakeholders within a rules-based international order.
- The Third Plenum of China's 20th Party Congress may signify a shift in policy and a change in direction for China.
- There is a lingering hope for a possible thaw in the region, but pessimism is rife in the West.
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Description
This quiz explores the legal rights of Muslim women in India, specifically regarding maintenance and divorce. It covers the Supreme Court's clarification on seeking maintenance under the Code of Criminal Procedure and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
