MAINTENANCE RIGHTS OF MUSLIM WOMEN UNDER FAMILY LAW: JUDICIAL TRENDS AND STATUTORY GAPS

This article traces the evolution of maintenance rights for Muslim women in India from Shah Bano (1985) to recent Supreme Court decisions (2024–2026), analysing how judicial interpretation has reconciled the Muslim Women (Protection of Rights on Divorce) Act, 1986 with the secular remedy under Section 125 CrPC (now mirrored by Section 144 BNSS). It finds that while the 1986 Act initially narrowed husbands’ obligations to the iddat period, courts have progressively read the statute harmoniously with constitutional principles—expanding remedies, affirming concurrent access to Section 125, and pressing for effective enforcement. The article concludes with targeted reform proposals: codification and harmonization of Muslim family law, clearer statutory guarantees of secular maintenance remedies, stronger enforcement mechanisms, and expanded legal aid and awareness initiatives to ensure gender sensitive access to justice.