ISSUE:
Whether Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, is consistent with Articles 14, 15, and 21 of the Indian Constitution?
Whether the Muslim Women (Protection of Rights on Divorce) Act, 1986, is constitutionally valid?
RULE:
When interpreting courts should prefer a construction that upholds a statute’s validity and avoids rendering it ultra vires or unconstitutional. This principle is grounded in the presumption that the Legislature does not intend to enact laws that violate constitutional provisions.
Section 125 of the CrPC provides for maintenance for women (including divorced women), ensuring they are not left without financial support. Maintenance can be granted beyond the iddat period if necessary.
Muslim Women (Protection of Rights on Divorce) Act, 1986 limits the maintenance obligation of the husband to the iddat period, during which the wife is entitled to maintenance from her husband.