LUCKNOW: In a landmark decision, the Allahabad High Court on Wednesday ruled that a divorced Muslim woman is entitled to get maintenance from her former husband for the remainder of her life unless she remarries.
The court cited Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and said that the payment of maintenance is not limited only to the Iddat period, which lasts three months and 13 days from the date of divorce.
The court was ruling on the first appeal filed by Zahida Khatoon, against a Ghazipur family court ruling, which declared that she is entitled to maintenance from her former husband only for Iddat. Setting aside the family court order, a division bench of the Allahabad High Court comprising justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi, said, “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 bench observed that the family court has “misread and misunderstood” the judgment of the Supreme Court in the 2001 case of Danial Latifi Vs Union of India, which said a Muslim man is liable to make a reasonable and fair provision for the future of the woman he has divorced, which includes her maintenance as well. The bench said, “a reasonable and fair provision, which extends beyond the Iddat period must be made by the man within the Iddat.”