The Bombay High Court has recently delivered a significant judgment affirming that a divorced Muslim woman retains her right to maintenance from her first husband, as per the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPA), even if she remarries. This ruling was made by Justice Rajesh Patil, who clarified that the absence of the word “remarriage” in section 3(1)(a) of the MWPA does not preclude a divorced Muslim woman from claiming maintenance.
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Justice Patil emphasized that the MWPA’s objective is to prevent the destitution of Muslim women and ensure their rights to lead a normal life post-divorce.
“The Act seeks to prevent the destitution of Muslim women and ensure their right to lead a normal life even after divorce,”
Justice Patil stated. He further added,
“Hence the legislative intent of the Act is clear. It is to protect ‘all’ divorced Muslim women and safeguard their rights. The protection referred to in the MWPA is unconditional. Nowhere does the said Act intend to limit the protection that is due to the former wife on the grounds of her remarriage.”
The case in question involved a couple who married in 2005 and had a daughter in 2006. The husband, who worked in Saudi Arabia, divorced his wife by registered post in 2008. The wife subsequently filed for maintenance for herself and her daughter under the MWPA. The magistrate court upheld her plea, ordering the husband to pay ₹4.32 lakh as maintenance. This amount was later increased to ₹9 lakh by the sessions court.
The husband challenged these orders in the high court, primarily arguing that he was not liable to pay maintenance to his ex-wife as she had remarried. However, Justice Patil dismissed this contention, stating that accepting such an argument would be unfair and could lead to husbands deliberately waiting for their ex-wives to remarry to avoid their maintenance obligations.
“Such a condition is unfair and unacceptable and will frustrate the very essence of the said Act,”
the judge remarked.
This judgment is pivotal in reinforcing the rights of divorced Muslim women, ensuring that their entitlement to maintenance is not affected by their remarriage. It underscores the court’s commitment to upholding the legislative intent of the MWPA, which is to provide security and support to divorced Muslim women, thereby safeguarding their rights and dignity. The ruling serves as a significant precedent in the realm of personal law, particularly in addressing the needs and rights of divorced women in the Muslim community.
