Savitaben Somabhai Bhatia v. State of Gujarat
Rule established
A divorced Muslim woman is entitled to maintenance under S.125 CrPC (now S.144 BNSS). This secular remedy applies to all women irrespective of religion.
Facts
- A divorced Muslim woman claimed maintenance under S.125 CrPC.
- The respondent argued that Muslim women's maintenance was governed exclusively by the Muslim Women (Protection of Rights on Divorce) Act, 1986.
- The question was whether S.125 (secular provision) remained available.
Issue
- Whether a divorced Muslim woman can claim maintenance under S.125 CrPC (now S.144 BNSS) or is restricted to personal law remedies.
Held
- S.125 CrPC (now S.144 BNSS) is a secular provision applicable to all women irrespective of religion.
- "Wife" in S.125 includes a divorced wife who has not remarried.
- A divorced Muslim woman is entitled to maintenance under S.125 until she remarries.
- This remedy is in addition to personal law remedies, not replaced by them.
- The secular remedy cannot be excluded by personal law legislation.
Ratio Decidendi
S.125 CrPC (S.144 BNSS) is a social welfare legislation to prevent vagrancy. Its purpose is to ensure that no woman is left destitute. This secular object cannot be defeated by personal law restrictions. All women, regardless of faith, have equal access to this summary remedy.
How to use it in an exam
- Part A (6 marks): Cite for: "S.144 BNSS is secular; applies to all women including divorced Muslim women."
- Key line for exam: "S.125 CrPC [S.144 BNSS] applies to all women irrespective of religion. A divorced Muslim woman is entitled to maintenance until she remarries."
Source
Source: SCC
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Maintenance of Wife Children and ParentsSecular applicability of S.144