Divorced Muslim lady entitled to alimony until remarriage: Allahabad HC
3 min readExpress News Service
LUCKNOW: In a landmark choice, the Allahabad High Court on Wednesday dominated {that a} divorced Muslim lady is entitled to get upkeep from her former husband for the rest of her life except she remarries.
The court docket cited Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and mentioned that the fee of upkeep isn’t restricted solely to the Iddat interval, which lasts three months and 13 days from the date of divorce.
The court docket was ruling on the primary attraction filed by Zahida Khatoon, in opposition to a Ghazipur household court docket ruling, which declared that she is entitled to upkeep from her former husband just for Iddat. Setting apart the household court docket order, a division bench of the Allahabad High Court comprising justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi, mentioned, “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 noticed that the household court docket has “misread and misunderstood” the judgment of the Supreme Court within the 2001 case of Danial Latifi Vs Union of India, which mentioned a Muslim man is liable to make an affordable and honest provision for the way forward for the lady he has divorced, which incorporates her upkeep as effectively. The bench mentioned, “a reasonable and fair provision, which extends beyond the Iddat period must be made by the man within the Iddat.”
LUCKNOW: In a landmark choice, the Allahabad High Court on Wednesday dominated {that a} divorced Muslim lady is entitled to get upkeep from her former husband for the rest of her life except she remarries.
The court docket cited Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and mentioned that the fee of upkeep isn’t restricted solely to the Iddat interval, which lasts three months and 13 days from the date of divorce.
The court docket was ruling on the primary attraction filed by Zahida Khatoon, in opposition to a Ghazipur household court docket ruling, which declared that she is entitled to upkeep from her former husband just for Iddat. Setting apart the household court docket order, a division bench of the Allahabad High Court comprising justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi, mentioned, “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 noticed that the household court docket has “misread and misunderstood” the judgment of the Supreme Court within the 2001 case of Danial Latifi Vs Union of India, which mentioned a Muslim man is liable to make an affordable and honest provision for the way forward for the lady he has divorced, which incorporates her upkeep as effectively. The bench mentioned, “a reasonable and fair provision, which extends beyond the Iddat period must be made by the man within the Iddat.”
