KOCHI: The Kerala High Court on Thursday held that a Muslim woman cannot be deprived of benefits under right to maintenance in the name of remarriage. Dismissing a revision petition filed by the former husband of the petitioner, Justice Kauser Edappagath ordered payment of maintenance and fair provision to the divorced woman and her minor daughter, though she has remarried.
The petitioner had divorced the woman by pronouncing talaq in 2011 and she remarried in 2014. After the divorce, the woman filed a petition under Muslim Women Protection Act claiming maintenance and return of gold ornaments before the family court.
The family court disposed of the petition granting monthly maintenance till the date of remarriage. The Court observed that a Muslim husband is legally bound to provide reasonable and fair provision for future maintenance to the divorced wife under the Muslim Personal Law.
A Muslim husband’s obligation to provide maintenance to his divorced wife arises immediately after pronouncement of talaq and not at the time of adjudication.