Muslim woman entitled to maintenance even if she remarries, says Bombay HC

The court said that Muslim Women (Protection of Rights on Divorce) Act is 'unconditional' and nowhere does the Act "intend to limit the protection that is due to the former wife on the ground of remarriage".

The Bombay High Court has said that a divorced Muslim woman is entitled to get the due maintenance from her former spouse even if she has remarried. The court said the same under the provisions of the Muslim Women (Protection of Rights on Divorce) Act (MWPA), 1986.

"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, " a report with The Times of India quoted Justice Rajesh Patil as saying in his judgement of the case heard on January 2.

The case in question was that of a couple who had gotten married in February 2005 and a daughter was born to the couple in December of the same year.

The husband went abroad for work and the woman proceeded to live with her parents along with their daughter in 2007. The next year in 2008, the husband reportedly divorced her by registered post, upon which she filed for maintenance under MWPA for herself and their daughter. The woman, after a wait of several years was granted the same by the Chiplun magistrate amounting to Rs 4.3 lakh in 2014, which was later raised to Rs 9 lakh in 2017, the report said.

Maintenance cases have always thrown up interesting verdicts from judges presiding on them. A case in Karnataka a few months ago saw the Karnataka High Court rejecting a petition filed by a husband challenging the order for payment of Rs 10,000 a month as maintenance. The husband had cited health conditions such as diabetes and related ailments due to which he was unable to provide the maintenance amount periodically. But the court said, "The contention doesn’t merit countenance. A large section of people all over the world suffer from such ailments and with advancement of medical science, all that is manageable."

In this case heard by the Bombay High Court, despite the husband's counsel arguing that the woman had remarried in 2018 and thus the former was not liable to pay the maintenance anymore, the court said that 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".

"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," Justice Patil was quoted as saying.