Divorced Muslim woman entitled to maintenance even if she remarries: HC
Divorced Muslim woman entitled to maintenance even if she remarries: HC
The Bombay high court has held that a divorced Muslim woman is entitled to receive maintenance that was due to her from her former husband under the Muslim Women (Protection of Rights on Divorce) Act (MWPA), 1986, even if she had remarried.
“The essence of the Act is that a divorced woman is entitled to a reasonable and fair provision and maintenance regardless of her remarriage.
The fact of divorce between the husband and wife is in itself sufficient for the wife to claim maintenance under section 3 (1) (a). Such entitlement… is crystallised on the date of divorce…,” said Justice Rajesh Patil in his January 2 verdict.
He dismissed the husband’s challenge to two orders to pay his ex-wife lump sum maintenance. The couple married in February 2005, and a daughter was born in December 2005. The husband went abroad for work. In June 2007, the wife and their daughter went to live with her parents. In April 2008, the husband divorced her by registered post. She filed for maintenance under MWPA for herself and their daughter. In August 2014, the Chiplun magistrate granted her Rs 4.3 lakh maintenance. In May 2017, Khed sessions court enhanced it to Rs 9 lakh.
Justice Patil was told the wife remarried in April 2018, and got divorced in October 2018. The husband’s advocates Shaheen Kapadia and Vrushali Maindad said he was not liable to pay her maintenance because she had remarried. Also, she was entitled to the amount only till she remarried. Justice Patil said the protection referred to in MWPA is “unconditional” and nowhere does the Act “intend to limit the protection that is due to the former wife on the ground of remarriage”. He agreed with the wife’s advocate Saurabh Butala that section 3 does not use the word ‘remarry’. “The Act seeks to prevent the destitution of Muslim women and to ensure their right to lead a normal life even after divorce. Hence, the legislative intent of the Act is clear. It is to protect ‘all’ divorced Muslim women and safeguard their rights,” explained Justice Patil.
He cited the Supreme Court’s 2001 judgement that maintenance should be paid within three months from divorce period. He noted MWPA has no provision to enhance maintenance amount once granted under section 3. “On the date of passing of impugned order, the amount payable by husband got crystallised, therefore, even in future, if the divorced wife remarries, it will not make any difference if the amount is payable in lump sum,” said Justice Patil, concluding that the sum of Rs 9 lakh is “fair and reasonable”.
What is the Muslim Women’s Act 1986 protection of rights on divorce?
India Code: Muslim Women (Protection of Rights on Divorce) Act, 1986.
Long Title: An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto.
(With inputs from Times Of India)