PRAYAGRAJ: The Allahabad high court has held that a divorced Muslim woman is entitled to get maintenance from her former husband for the whole life unless she gets married for a second time.
Allowing an appeal filed by one Zahid Khatoon, a division bench comprising Justice Surya Prakash Kesarwani and Justice Mohammad Azhar Husain Idrisi set aside the judgment passed by principal judge, family court, Ghazipur, dated September 15, 2022 whereby he had directed that the appellant (Zahid) is entitled for maintenance only for the period of 'iddat' i.e. three months and 13 days from the date of divorce.
While setting aside the judgment of court below, the high court observed, “From the facts and legal position, we have no hesitation to hold that the principal judge, family court, Ghazipur has committed a manifest error of law to hold that the appellant is entitled for maintenance only for the period of iddat. The court below has misread and misunderstood the judgment of supreme court in the case of Danial Latifi and another Vs Union of India (2001), which provides that a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife, which obviously includes her maintenance as well. Such a reasonable and fair provision (maintenance), which extends beyond the iddat period must be made by the husband within the iddat period.”
Giving this judgment, the high court remitted the matter back to the competent court i.e. concerned magistrate of Ghazipur to decide the case for determining the amount of maintenance and return of properties to the appellant by the husband in accordance with law, positively within three months without granting any unnecessary adjournment to either of the parties.
In its judgment dated December 20, the HC also directed that for a period of three months or till the aforesaid case is decided, whichever is earlier, the respondent husband should pay to the appellant herein a sum of Rs 5000/ per month before the 10th day of each month towards interim maintenance.
The appellant – Zahida Khatoon was married to the respondent – Narul Haque on May 21, 1989 as per Muslim rites and ritual. Though at the time of marriage, the husband was not employed but later he joined the service of the postal department as postal assistant. He gave divorce to the appellant on June 28, 2000 and thereafter he married another Muslim woman in 2002.
However, he neither paid Mehr nor any maintenance amount, nor returned the articles belonging to the applicant/appellant, therefore, the applicant/appellant filed a case for maintenance and others on September 10, 2002 under 3 of the muslim women (protection of rights on divorce) Act 1986 before the concerned court at district court at Ghazipur.
A Mehr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Muslim marriage.