ObjectiveMcq
Print Protected
This page is protected for print. Use the website to view the content.
How does Justice Masih view the relationship between the Muslim Women (Protection of Rights on Divorce) Act, 1986 and existing law regarding maintenance for Muslim women?
Correct Answer: C — The rights available to a divorced Muslim woman under the 1986 Act are additional and do not negate existing law
In his main opinion, Justice Masih concluded that the personal law provision under the 1986 Act and the secular remedy under CrPC Section 125 must co-exist in parallel in their distinct domains. The 1986 Act makes it the Muslim husband's obligation to provide for his divorced wife and children, while CrPC may be invoked by a woman unable to maintain herself. The two frameworks complement rather than replace each other.