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While on the face of it the verdict is a great one, as it makes denial of maintenance punishable by law just like any other marriage in India. Prior to this a Muslim divorcee could only claim what is ordained in the religious personal law and the Indian penal code provisions were not legally binding on a Muslim husband. Now that changes for good.
However, whether this makes an actual difference in the life of a woman seeking divorce is still untested. Lack of financial freedom becomes a primary reason why a woman is forced to stay even in an abusive marriage, will this verdict now mean that she can walk out of a marriage, demand alimony based on the secular laws of this country and her life is sorted. If that is indeed the case, this is a welcome move.
In terms of the religious personal law a Muslim woman is supposed to be given a corpus, a lump sum called Meher decided consensually by both parties. This payment is mandatory to officiate the Nikah which in Muslim marriages is a legal contract. In an ideal situation she is supposed to use it to generate revenue for herself or a create a source of income. Come to think of it it’s a highly progressive idea.
But the truth is all this remains on paper. I don't know of a single married Muslim woman who would have used that corpus to invest and grow her money. Financial literacy is very poor among this section given the fact that education and exposure for bulk of Muslim women is poor. I would say this verdict should now be an eye opener to all those young girls who can a) create her own fund by investing her meher and b) be aware that nothing prevents her from demanding maintenance under regular Indian laws as well.
The only caveat here is that if this verdict means that a woman is now forced to stay in an abusive marriage because the maintenance battle is a long and arduous one then that will set her at a disadvantage. Because as of now Muslim marriages are dissolved easily, there is no long legal tangle that Hindu divorces go through. If being made at par with others also means now you must go through the same court battle for years, for a poor Muslim woman that does no good.
For starters to have that wherewithal to hire lawyers and legally contest her husband itself sounds like a difficult proposition to me. So, while it’s all very welcome on paper, the proof of the pudding will be in the eating.
