Justice BV Nagarathna laments plight of Indian homemaker women who depend on their husbands

Supreme Court judge Justice BV Nagarathna on Wednesday highlighted the vulnerability and position of the married homemaker women in India who do not have an independent source of income and are dependent upon her husband and his family for sustenance [Mohd Abdul Samad v. State of Telangana and Others]..Justice Nagarathna made this observation in her judgment wherein she ruled that a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband."Most married men in India do not realise this aspect of the predicament such Indian homemakers face as any request made for expenses may be bluntly turned down by the husband and/or his family. Some husbands are not conscious of the fact that the wife who has no independent source of finance is dependent on them not only emotionally but also financially. On the other hand, a wife who is referred to as a homemaker is working throughout the day for the welfare of the family without expecting anything in return except possibly love and affection, a sense of comfort and respect from her husband and his family which are towards her emotional security," she observed while highlighting the plight of such women.On the position of such women, Justice Nagarathna was of the view that despite them getting judicial recognition for their contributions, the services and sacrifices they make for their family remain uncompensated..She, therefore, urged husbands to become conscious of the fact that they have to provide for their wives, who do not have an independent source of income by giving them access to his financial resources."Such financial empowerment would place such a vulnerable wife in a more secure position in the family. Those Indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal expenses, apart from household expenditure, possibly by having a joint bank account or via an ATM card, must be acknowledged," Justice Nagarathna observed..She was of the view that apart from financial security, ‘security of residence’ of such women also have to be protected and enhanced."That would truly empower such Indian women who are referred to as ‘homemakers’ and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society which has to be maintained and strengthened," Justice Nagarathna added..In the judgment delivered on Wednesday, the Bench of which Justice Augustine George Masih was also a part, upheld a divorced Muslim woman's right to claim maintenance under Section 125 CrPC.The Court observed that Section 125 CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act.Read more about the judgment here..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.