Muslim woman can seek maintenance from ex husband: Alld HC [Read Order]

NEW DELHI: The Allahabad High Court has ruled that a divorced Muslim woman can seek maintenance from her former husband for whole life, saying it is part of basic human rights to secure gender and social justice which is universally recognised by persons belonging to all religions.

A bench of Justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi explained that the correct position of law is that under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (referred to as the Muslim Act, 1986), a divorcee can file an application before a Magistrate if her former husband has not paid to her a reasonable and fair provision and maintenance or mahr due to her or has not delivered the properties given to her before or at the time of her marriage by her relatives or friends or the husband or any of his relatives or friends.

"Under Section 3(3) of the Muslim Act, 1986, an order can be passed directing the former husband of the divorced woman to pay to her such reasonable and fair provision and maintenance as deemed fit and proper having regard to needs of the divorced woman, her standard of life enjoyed by her during her marriage and means of her former husband," the court said.

The court further explained that the word provision used in Section 3 of the Muslim Act, 1986 indicates that something is provided in advance for meeting some needs.

"In other words, at the time of divorce the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs. Reasonable and fair provision may include provision for her residence, her food, her clothes, and other articles," the bench added.

The court cited the provisions of the Muslim Act, 1986 passed by Parliament following huge uproar over the Supreme Court's judgement in Shah Bano Begum case.

Referring to the Supreme Court's judgement in case of 'Danial Latifi and another Vs Union of India (2001), the High Court said the top court has fairly interpreted the provisions of Section 3 with regard to fair provision and maintenance and held that it would extend to the whole life of the divorced wife unless she gets married for a second time.

The High Court allowed an appeal filed a woman and set aside the order by the Family Court Ghazipur, saying it has committed a manifest error of law in its impugned judgement and order dated September 15, 2022 to hold that the applicant-appellant herein is entitled for maintenance only for the period of iddat, i.e. for three months and 13 days at the rate of Rs 1500 per month.

The High Court said the Muslim Act, 1986 is a piece of beneficial legislation enacted for welfare of such class of society who suffer great disparity and whose (her) investment in the marriage is the investment of her entire life which if breaks up and compensated in terms of money towards here livelihood, partakes the character of basic human rights to secure gender and social justice which is universally recognised by persons belonging to all religions and it is difficult to perceive that Muslim law intends to provide a different kind of responsibility and to deprive a divorced lady to any means of livelihood resulting in social injustice and leaving her life as curse.

Keeping in mind these great realities of a class of society, the provisions of the Muslim Act, 1986 has to be interpreted, the court added.

[Read Order]