(1.) The people of India gave unto themselves a resolution to constitute India into a sovereign, socialistic, secular, democratic, republic with a purpose and object to secure to its citizens justice in all spheres, liberty in belief and expression and equality of status and opportunity to promote fraternity assuring the dignity of the individual and the unity and integrity of the nation. This is what the Preamble to the Constitution of India says in explicit words. Dignity of an individual irrespective of the status, religion class and community to which he or she belongs is of paramount consideration to the State and its instrumentalities. An unqualified effort on the part of the State to assure the basic need of an individual is a constitutional obligation. Secularism in a democratic system is an extended principle of assured equality. The Constitution is the apex law and is above all others of its Kin Laws, whether they are enacted by the State or the Centre, within the sphere of their legislative jurisdiction and the customary or personal laws, all must give way to the supreme law of land, the Constitution of India. All other laws must flow in comity to the constitutional law and all laws must be subject to the provisions framed protections provided and limitations imposed under the Constitution. The Constitution in our democratic system is the veritable precept to all other laws irrespective of their origin and the authority legislating.
(2.) The term 'secularism' being one of the basic structures of the Constitution of India has a possible pervasive meaning and connotation in the entire social and legal set up of our country. Secularism is the belief that the state, morals, education etc., should be independent of religion says G.J.Holyoake's system of social ethics (refer the Chambers 20th Century Dictionary).
(3.) Sections 125 to 128 in Chapter IX of the Criminal Procedure Code, 1973, hereinafter referred to as the Code, are a self contained Code in a Code. In other words, a full self-contained procedure has been provided for a wife divorced or not, to claim maintenance from her husband and other relations where the person having sufficient means, neglects or refuses to maintain the wife or his legitimate or illegitimate children married or not who are unable to maintain themselves. The purpose of these provisions is to provide immediate means of subsistence to the applicant before the applicant is withered away by the hard ways of life and realities, for lack of minimum means. These provisions universally apply to all applicants irrespective of the community, caste or creed they belong to. A divorced wife too could raise a claim and is entitled to receive maintenance, if she satisfies the basic ingredients of these provisions contained in the Code and her claim fells in line with the settled principles of law.