Supreme Court Calls for Recognition of Homemakers' ‘Indispensable Role’ in Family Dynamics

New Delhi: The Supreme Court on Wednesday delivered a verdict underscoring the pivotal role of homemakers in families and ensuring financial security for divorced women. "The time has come for Indian men to recognize the indispensable role played by homemakers and the sacrifices they make for the family," said the Supreme Court. 

Justices BV Nagarathna and Augustine George Masih ruled that divorced Muslim women have the right to seek alimony from their husbands under Section 125 of the Code of Criminal Procedure, extending the scope of maintenance laws to encompass all married women irrespective of religion.

Court profounds husbands’ responsibilities 

In a profound statement, the court emphasized the responsibility of husbands to provide financial support to their wives, advocating practical measures such as joint bank accounts and shared ATM access to ensure economic stability within households.

"We highlight the necessity for husbands to provide financial support to their wives... practical measures such as maintaining joint bank accounts and sharing ATM access to ensure economic stability for women within the household," the court said.

The Supreme Court's decision affirmed that maintenance after divorce is a fundamental right, crucial for gender equality and financial security of all married women. 

The ruling, which highlighted that this entitlement transcends religious boundaries, has significant implications for family law across India.

The case was brought to the Supreme Court by Mohd Abdul Samad, challenging a family court's order to pay ₹20,000 monthly to his divorced wife, which was later modified to ₹10,000 by the Telangana High Court. Samad's counsel argued for the application of the Muslim Women (Protection of Rights on Divorce) Act, 1986, asserting its superiority over Section 125 CrPC. However, Amicus Curiae Gaurav Agarwal countered that personal laws do not diminish a woman's rights under the gender-neutral CrPC, reinforcing equality in legal entitlements.

The verdict is expected to set a precedent in ensuring equitable financial support and rights for women post-divorce, reaffirming the Supreme Court's commitment to justice and gender equality under Indian law.