JUDGMENT

Chandrachud, C. J. - This appeal does not involve any question of constitutional importance but, that is not to say that it does not involve any question of importance. Some questions which arise under the ordinary civil and criminal law are of a far-reaching significance to large segments of society which have been traditionally subjected to unjust treatment. Women are one such segment. "Na stree swatantramarhati" said Manu, 'the Law giver : The woman does not deserve independence. And, it is alleged that the 'fatal point in Islam is the degradation of woman'. 'Selections from Kuran - Edward William Lane 1843, Reprint 1982, page xc (Introduction). To the Prophet is ascribed the statement, hopefully wrongly, that 'Woman was made from crooked rib, and if you try to bend it straight, it will break; therefore treat your wives kindly.

2. This appeal, arising out of an application filed by a divorced Muslim woman for maintenance under section 125 of the Code of Criminal Procedure, raises a straight forward issue which is of common interest not only to Muslim women, not only to women generally but, to all those who, aspiring to create an equal society of men and women, lure them