Divorced Muslim woman is entitled to maintenance for the rest of her life and not just until ‘Iddat’: Allahabad HC

Prayagraj (Uttar Pradesh) [India]JANUARY 4 (ANI): In a landmark ruling, the Allahabad High Court on Wednesday declared that a Muslim woman is entitled to maintenance from her ex-husband, not just until the end of the ‘iddat’ period, but for that rest of her life life.

The court ruled that the maintenance should be calculated in such a way that she could lead the same life as before the divorce.

“Iddat” is a custom that prohibits Muslim women from leaving home and seeing relatives for four months after the death of their husband.

The court overturned the order of the Supreme Judge Family Court in Ghazipur granting alimony only until the “Iddat” period, ruling it unlawful. It said the Ghazipur court issued the order without properly examining the legal provisions and evidence.

“Under Section 3(3) of the Muslim Act, 1986, an order may be made directing the ex-husband of the divorced woman to pay her such reasonable and just support and maintenance as he deems reasonable and reasonable having regard to the needs of the divorced woman , the standard of living she enjoyed during her marriage and her ex-husband’s resources,” the court noted.

“The word ‘providing’ used in Section 3 of the Muslim Act 1986 indicates that something is provided in advance to meet specific needs,” the court said.

“In other words, at the time of divorce, the Muslim husband must think about future needs and make preparatory arrangements in advance to meet those needs,” the court said.

“Reasonable and equitable care” may include care for their residence, food, clothing and other items,” the court said.

“In the case of Danial Latifi and another (above), the Hon’ble Supreme Court at paragraph-28 appropriately interpreted the provisions of Section 3 with regard to just supply and support, holding that “they would extend throughout life .” the divorced wife, unless she remarries,” the court noted.

The Court found that Section 4 deals with the ordering of alimony, notwithstanding anything in the preceding provisions of this statute or any other statute currently in force, when a judge is satisfied that a divorced woman is not entitled to alimony -married and after the iddat period is no longer able to provide for her maintenance, he may issue an order directing those of her relatives who, under Muslim law, would be entitled to her property upon her death, to pay her reasonable and just maintenance as he may decide fit and proper having regard to the needs of the divorced woman, the standard of living she enjoys during her marriage and the means of those relatives, and such maintenance is to be paid by those relatives in the proportion to pay where they would inherit property and at such times.”

The HC said that under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act 1986, a divorced woman could apply to a judge for maintenance from her ex-husband.

The court ordered the competent judge to issue an alimony order within three months and then ruled that the ex-husband would pay his ex-wife provisional alimony of 5,000 rupees a month.

The ruling in favor of Zahid Khatoon’s plea was rendered by a panel of Judges SP Kesarwani and Judge MAH Idrisi.

The HC clarified that a Muslim woman is entitled to maintenance from her ex-husband even after the usual “iddat” period.

If she is not paid alimony, she has the right to appeal to the judge, his verdict said.

Zahid Khatoon married Noorul Haq Khan on May 21, 1989. After their nikah (marriage), the husband got a job in a post office.

However, on June 28, 2000, he divorced his wife and married a second time two years later.

His ex-wife submitted an application under Section 3 of the Law on the Protection of Muslim Women to the Judge of the Junior Division in Ghazipur. The case was referred by the District Judge to the Family Court.

She also submitted an application under Section 125 of the CrPC. During the hearing, the judge ordered the ex-husband to pay her 1,500 rupees a month until the time of the divorce.

The motion to review the order was dismissed and no motion was filed against it.

After reviewing the evidence and testimonies, the family court ordered the ex-husband to pay Rs 1,500 a month for a period of three months and 13 days. (ANI)

This report is automatically generated by the ANI news service. ThePrint assumes no responsibility for the content.