Divorced Muslim woman’s right to maintenance from ex-husband unconditional: High Court

The Bombay high court held that the right of divorced Muslim women to claim maintenance from their former husbands is unconditional and they can claim reasonable amounts from their exes even after remarriage.

The Bombay high court held that the right of divorced Muslim women to claim maintenance from their former husbands is unconditional and they can claim reasonable amounts from their exes even after remarriage.

The single judge bench of justice Rajesh Patil said that the word “remarriage” is missing from section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act (MWPA) 1986, under which divorced Muslim women are entitled to a reasonable and fair provision and maintenance from their former husbands.

“In other words, the Act seeks to prevent the destitution of Muslim women and ensure their right to lead a normal life even after divorce,” said justice Patil. “Hence the legislative intent of the Act is clear. It is to protect ‘all’ divorced Muslim women and safeguard their rights. The protection referred to in the MWPA is unconditional. Nowhere does the said Act intend to limit the protection that is due to the former wife on the grounds of her remarriage,” the judge further said.

The judge said the essence of the MWPA is that a divorced woman is entitled to a reasonable and fair provision and maintenance regardless of her remarriage and the fact of divorce was in itself sufficient for the wife to claim maintenance under section 3(1)(a).

The entitlement of divorced Muslim women to a reasonable and fair provision and maintenance is crystallised on the date of divorce and is not hampered by the former wife’s remarriage, the court said while dismissing petition filed by a Chiplun resident.