Muslim wife entitled for lifelong alimony until remarriage, orders Allahabad HC

Uttar Pradesh— The court observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the ‘Iddat’ period, but for the rest of her life until she remarries.

The court also said that the alimony amount be such that the woman can live the same life as she used to live before the divorce. The decision is considered to be a big relief to a majority of Muslim women who are not highly educated and have to suffer financial hardships to survive post-divorce.

The bench of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi set aside an order of the family court which said a divorced Muslim woman was entitled to maintenance only for the period of iddat. 'Iddat' is a custom which bars Muslim women to step out from their homes and meeting relatives for 40 days following the demise of their husbands.

The decision has come in the case Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022] where in Zahid Khatoon, a resident of Ghazipur, got married in 1989 to one Nurul Haque Khan, an employee in the postal department.

After living together for almost 11 years, husband Nurul gave triple talaq to his wife Zahid Khatoon and married another woman. Khatoon wasn't returned the articles she received from her parents on her wedding, neither was she paid Mehr nor any maintenance amount by her husband.

The Aggrieved wife filed an application u/s 3 of the 1986 Act in the Magistrate's Court in Ghazipur, demanding maintenance. In the year 2014, this case was transferred to the family court of Ghazipur itself.

In September last year, the Family Court gave its verdict ordering the husband to pay maintenance to his wife only for the period of iddat i.e. 3 months and 13 days at the rate of fifteen hundred rupees per month. The wife (appellant) challenged this decision in the Allahabad High Court.

The High Court set aside the family court's judgment and remitted the matter back to the concerned Magistrate to decide the case determining the amount of maintenance and return of properties to the applicant-appellant (wife) by the respondent-husband in accordance with the law, positively within three months.

The Court also ordered the respondent-husband to pay to the appellant, a sum of Rs.5000/- per month towards interim maintenance.