MARIYAM AKHTER & ANR. Vs. WAZIR MOHD.

JUDGEMENT

(1.) Before delving upon to resolve the issue raised in the instant revision petition, it is considered that the judgment will be benefited if the status of Muslim women, vis-a-vis, the scope and effect of valid divorce as mandated under the Mohammadan law is highlighted. The same is, accordingly, discussed hereunder.

(2.) During the early period of Islam, Muslim women were held in high esteem and they occupied exalted positions and in the days of Holy Prophet Mohammad, a Muslim woman was given in the society a position of equality with the opposite gender. Equal treatments were meted out to the women. The ladies of the family of the Prophet were noted for their learning, their virtue, courage and their strength of character. (See S.A.Kader's Muslim Law of Marriage and Succession in India, p. 80-81)

(3.) Even, in the terms of modern concept of giving gender justice, which is essential, integral and inseparable part of human rights, women, who form one half of the human race, have every right to claim equality before law and equal protection of laws as envisaged under Article 14 of the Constitution of India.