IMPORTANT POINT
Section 125 overrides the personal law, if there is conflict between the two.

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 themselves into the belief that mankind has achieved a remarkable degree of progress in that direction. The appellant, who is an advocate by profession, was married to the respondent in 1932. Three sons and two daughters were born of that marriage. In 1975, the appellant drove the respondent out of the matrimonial home. In April 1978, the respondent filed a petition against the appellant under section 125 of the Code in the Court of the learned Judicial Magistrate (First Class), Indore, asking for maintenance at the rate of Rs. 500/- per month. On November 6, 1978 the appellant divorced the respondent by an irrevocable talaq. His defence to the respondent's petition for maintenance was that she had ceased to be his wife by reason of the divorce granted by him, that he was, therefore, under no obligation to provide maintenance for her, that he had already paid maintenance to her at the rate of Rs. 200/- per month for about two years and that, he had deposited a sum of Rs. 3000/- in the court by way of dower during the period of iddat. In August, 1979 the learned Magistrate directed the appellant to pay a princely sum of Rs. 25/- per month to the respondent by way of maintenance, It may be mentioned that the respondent had alleged that the appellant earns a professional income of about Rs. 60,000;- per year. In July, 1980, in a revisional application filed by the respondent, the High Court of Madhya Pradesh enhanced the amount of maintenance to Rs. 179.20 per month. The husband is before us by special leave.

3. Does the Muslim Personal Law impose no obligation upon the husband to provide for the maintenance of his divorced wife? Undoubtedly, the Muslim husband enjoys the privilege of being able to discard his wife whenever he chooses to do so, for reasons good, bad or indifferent indeed, for no reason at all. But is the only price of that privilege the dole of a pittance during the period of iddat? And, is the law so ruthless in its in equality that, no matter how much the husband pays for the maintenance of his divorced wife during the period of iddat, the mere fact that he has paid something, no matter how little, absolves him for ever from the duty of paying adequately so as to enable her to keep her body and soul together? Then again, is there any provision in the Muslim Personal Law under which a sum is payable to the wife 'on divorce'? These are some of the important, though agonising, questions which arise for our decision.

4. The question as to whether S. 125 of the Code applies to Muslims also is concluded by two decisions of this Court which are reported in Eai Tahira v. Ali Hussain Fidilali Chothia1 and Fazlunhi v. K. Khader Vali2. Those decisions took the view that the divorced Muslim wife is entitled to apply for maintenance under Section 125.