Reasserting The Secular Character Of Maintenance Law: A Case Comment On Shahjahan V. State Of Uttar Pradesh And Another
- IJLLR Journal
- 21 minutes ago
- 1 min read
Diya Sinha, Jindal Global Law School
ABSTRACT
Shahjahan v. State of UP and Another is a significant decision by the Hon’ble Supreme Court which examines the denial of maintenance under Section 125 CrPC amid disputes regarding the decisions given by personal religious forums. The case presents a conflict between the arbitrary fatwas imposing socially coercive and morally regressive obligations and the constitutionally grounded principles of justice and equality before the law. In its decision, the Court analysed the purpose and practical implementation of the maintenance laws and refused to uphold the legal validity of the extra judicial religious adjudications in India.
Introduction:
Maintenance under Section 125 CrPC is one of the crucial legislations to protect the rights of women, children and dependent parents. The provision legally operates independent of the personal, religious laws and moral judgments upholding the constitutional commitment to dignity and social justice. However, in practice, maintenance claims are often influenced by religious laws, social stigma and patriarchal viewpoints which make it difficult and financially draining for women to fight for their rights.
Recently, in the case of Shahjahan v. State of UP, the Hon’ble Supreme Court has taken a commendable stance in reinforcing the constitutionally guaranteed principles of justice and equality by granting maintenance under S.125 CrPC to a Muslim woman who was repeatedly denied maintenance initially by the Court of Dar-ul Qazi, the Family Court and finally the High Court. This article extensively studies the facts of the case, analyses the rationale of the Court and finally offers a critical analysis of the broader social and legal implications.
