Famous Case law: V. Revathi v. Union of India (1988)

V. Revathi v. Union of India is a significant legal case in India that addressed the constitutional validity of Section 125 of the Code of Criminal Procedure (CrPC) and the issue of maintenance for wives. The case specifically dealt with the question of whether Section 125 discriminated against Muslim women on the basis of their religion. The case was heard by the Supreme Court of India…Read more

Background:

  • The petitioner, V. Revathi, had married a Muslim man under Islamic law. Subsequently, her husband pronounced talaq (divorce) thrice, and the marriage was dissolved.
  • Revathi, being a destitute woman, sought maintenance under Section 125 of the Code of Criminal Procedure, which provides for maintenance of wives, children, and parents who are unable to maintain themselves.

Key Issues:

  1. Constitutional Validity: The main issue in this case was the constitutional validity of Section 125 of the CrPC and whether it discriminated against Muslim women.
  2. Applicability of Personal Laws: The case raised questions about the applicability of personal laws (in this case, Islamic law) in matters of maintenance.

Supreme Court’s Decision:

  • In its judgment in 1988, the Supreme Court upheld the constitutional validity of Section 125 of the CrPC and rejected the argument that it discriminated against Muslim women.
  • The court emphasized the secular nature of the provision, stating that it applied uniformly to all deserving persons, regardless of their religion.
  • The judgment highlighted the fundamental right of maintenance as a social justice measure and held that the personal laws of any religion could not override the statutory provisions aimed at ensuring a dignified life for individuals.

Significance:

  • The V. Revathi case is significant as it affirmed the right of women, irrespective of their religious identity, to claim maintenance under Section 125 of the CrPC.
  • The judgment reinforced the principle that personal laws are subject to constitutional scrutiny, and statutory provisions for maintenance and support can be applied uniformly to all citizens.

This case played a role in clarifying the legal position regarding maintenance for women, and it contributed to the jurisprudence on gender justice and equality under the Indian legal system.