Legal Alert::::VOLUNTARY DIVORCE NOT A REASON FOR DISENTITLEMENT OF MAINTENANCE TO MUSLIM WOMEN

Facts of the Case:-

• The petitioner married to the 1^st respondent in 1980.
•  The matrimony was blessed with four children.
• The petitioner contracted a second marriage and started to ill-treat the 1^st respondent.
•  The  married was dissolved on 16/03/2004.

Issues:-

• Whether the 1st respondent is entitled to any maintenance during theIddat period or any reasonable and fair provision under Section 3 of the Muslim Women (Protection of Rights on Divorce)Act,1986?
• Whether the quantum is exorbitant or beyond the means of the petitioner?

Law:-

Section 3 in the Muslim Women (Protection of Rights on Divorce) Act,1986: Mahr or other properties of Muslim woman to be given to her at the time of divorce.

Decision:-

The court held that the 1^st respondent is entitled to realize the amount impugned with  interest at the rate of 9% per anum from 19/7/2007, the date of the order in the Revision Petition.

Rationale:-

Regarding the first issue the court held that the petitioner’s argument regarding the maintenance is contrary to the object of the legislation. The petitioner’s contention was that 1^st respondent is not entitled to any maintenance or any reasonable or any reasonable or fair provision. The court held that the benefit that is being obtained by an order under Section 3 of the Act though in lieu of an order under Section 125 of the Code of Criminal Procedure is not intended to maintenance alone, but to meet her reasonable and fair needs in future including maintenance, clothing, health requirements etc. The court further said that there was good reason for the 1^st respondent for seeking a decree of dissolution of marriage. She is not at all disentitled to get an order under section 3 of the Act.

Similarly, the court held that the amount awarded for maintenance and reasonable and fair need is not at all exorbitant. Neither is it beyond the means of the petitioner so as to reduce in exercise of the inherent powers of this court under Section 482 of the Code of Criminal Procedure.

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