Maintenance
Azimurrrehman Ansari
(Querist) 25 September 2015
This query is : Resolved
Myself Azim Ansari and wife name if Shabana Ansari. We were married ss per Muslim Law on 23rd August, 1999.
Currently I am residing in Mumbai and wife deserted me from December 2011 and staying in Ahmedabad with two children.
She filed Maintenance application u/s. 125 and got order for Rs.13,000/- (Rs. 4000/- for self, Rs. 5000/- for daughter and Rs. 4000/- for son).
My question :
If I give talaq to her as per Muslim Law, will she be able to claim maintenance after divorce.
Daughter is 16 years old, will she be able to get maintenace after she attains the age of 18 years.
SAINATH DEVALLA
(Expert) 25 September 2015
Muslim women entitled to maintenance even after divorce: Supreme Court
Husband’s liability is not limited to iddat period: Bench
In a significant verdict, the Supreme Court has held that a Muslim woman will be entitled to maintenance from her husband even after divorce and she can file an application before a magistrate court.
Quoting an earlier Constitution Bench verdict, a Bench of Justices Dipak Misra and Vikramajit Sen said: “A Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well.” Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period. His liability, arising from Section 3 of the Muslim Women (Protection of Rights on Divorce) Act to pay maintenance, “is not confined to the iddat period.”
(Iddat is the waiting period after a declaration of divorce.)
Writing the judgment, Justice Misra said: “A divorced Muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under Section 4 of the Act against his relatives, who are liable to maintain her.”
The Bench said: “An aspect which has to be kept uppermost in mind is that when the marriage breaks up, a woman suffers emotional fractures, fragmentation of sentiments, loss of economic and social security and, in certain cases, inadequate requisites for survival. A marriage is fundamentally a unique bond between two parties. When it perishes like a mushroom, the dignity of the female fame gets corroded. It is the law’s duty to recompense, and the primary obligation is that of the husband. Needless to emphasise, the entitlement and the necessitous provisions have to be made in accordance with the parameters of law.”
In the instant case, Shamim Bano and Asraf Khan were married on November 17, 1993 in accordance with the Sharia law. But Shamim left his house alleging cruelty by him. Even as her application for grant of maintenance was pending, divorce took place on May 5, 1997. A magistrate, while rejecting her plea for maintenance taking into consideration that during the pendency of the case, the couple were granted divorce, directed Khan and others to pay her Rs.11,786 towards mahr (a form of dowry), to return goods and ornaments and Rs.1,750 towards maintenance only for the iddat period. This was upheld by the Chhattisgarh High Court.
Allowing her appeal against this order, the Supreme Court Bench held that Shamim was entitled to maintenance even after divorce. It remitted the matter back to the trial court for fresh disposal in the light of this judgment.
R.K Nanda
(Expert) 26 September 2015
nothing to add.
Rajendra K Goyal
(Expert) 26 September 2015
Agree with the expert SAINATH DEVALLA.
Dr J C Vashista
(Expert) 27 September 2015
Very well advised by expert Mr. Sainath Devalla, I agree and appreciate.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
