Indian Husbands Must Financially Empower Their Wives Who Don't Have Independent Source Of Income : Supreme Court

In a notable Judgment delivered by the Supreme Court regarding the right of the Muslim woman to claim maintenance from her husband under Section 125 Cr.P.C., the Court has adverted to the vulnerability suffered by married women in India particularly 'Homemakers' who do not have an independent source of income and the problems faced by them in routine life due to not having access to monetary resources in their matrimonial home.

The Court has asked Indian married men to become conscious of this fact and financially empower their wives by making available financial resources, particularly fulfilling her personal needs.

“In the case of a woman who has an independent source of income, she may be financially endowed and may not be totally dependent on her husband and his family. But what is the position of a married woman who is often referred to as a “homemaker” and who does not have an independent source of income, whatsoever, and is totally dependent for her financial resources on her husband and on his family?” Justice BV Nagarathna in her separate Judgment said.

The Court believed that an Indian married woman is considered to be an epitome of love, care, and affection towards her wards and husband, and doesn't expect anything in return except a sense of comfort and respect from her husband and his family which are towards her emotional security.

Highlighting the good quality of the Indian homemaker to save money on household expenditures, the Court said that the Indian homemaker tries to save as much money as possible from the monthly household budget to avoid making a request to the husband or his family for her personal expenses

“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.”, the court said.

“An Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs; in other words, giving access to his financial resources. Such financial empowerment would place such a vulnerable wife in a more secure position in the family.”, the court added.

The Court also acknowledged the steps taken by those Indian married men 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.

"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."

Financial Security and Security of Residence of Indian women have to be protected

Following observation of the Court is also noticeable:

“Both 'financial security' as well as 'security of residence' of Indian women 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. It goes without saying that a stable family which is emotionally connected and secure gives stability to the society for, it is within the family that precious values of life are learnt and built. It is these moral and ethical values which are inherited by a succeeding generation which would go a long way in building a strong Indian society which is the need of the hour. It is needless to observe that a strong Indian family and society would ultimately lead to a stronger nation. But, for that to happen, women in the family have to be respected and empowered!”

Also From Judgment: Divorced Muslim Woman Can Seek Maintenance From Husband Under S.125 CrPC : Supreme Court

Muslim Women Illegally Divorced Through Triple Talaq Can Seek Maintenance Under Section 125 CrPC : Supreme Court

Case Title: Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl) 1614/2024

Citation : 2024 LiveLaw (SC) 452

Click here to read the judgment