High court new judge set benchmark with Shah Bano verdict

Source: timesofindia

LUCKNOW: Sworn in as judge in the Allahabad high court on Tuesday, Justice Rekha Dixit had created history in 1988 when as magistrate in a lower court she delivered the first judgment of the country in favour of a Muslim woman, granting her right to maintenance after talaq (divorce) by a Navy officer. By that time, there was no provision of any maintenence to a divorced Muslim woman.

In 1987, on a verdict of the Supreme Court in the historic Shah Bano case, Parliament passed the Muslim Women Protection Act to guarantee security in case of divorce. Shah Bano case had created national furore and the then Congress government at Centre led by then prime minister Rajiv Gandhi had to face heat and ire of the Muslim ulemas. But undeterred by criticism from Muslim bigots, the government of India created the Muslim Women’s Protection Act.

At that time, Rekha Dixit was judicial magistrate in Lucknow and was the first judicial magistrate of the country to deliver judgment in favour of the divorced Muslim woman whose husband in the Indian Navy had divorced her and refused to give her maintenance.

“Justice Rekha Dixit’s verdict not only drew attention of the entire nation towards her-and towards Lucknow-it was also a step with steely determination towards woman empowerment,” remarked a senior judge of the high court speaking to the ToI. He said Allahabad high court has been facing acute shortage of women judges and her elevation would bring hope for female lawyers, magistrates and judicial officers.

Justice Rekha Dixit has a judicial career of over 32 years including her term a special judge of the CBI court in Lucknow before she was appointed district judge in many places. Earlier, she has been Judge in Allahabad high court and was district judge in Rae Bareli district.

Her husband Pradeep Dubey is principal secretary of the UP Assembly after serving as legal advisor to the governor.