Maintenance to a Muslim woman not confined to Iddat period only; she is entitled to maintenance until she gets remarried

bombay-hc

Bombay High Court: While hearing a maintenance petition filed by wife and daughter, the bench comprising of N.W. Samre J., held that Maintenance to a Muslim woman is not confined to Iddat period only rather she is rather entitled to maintenance until she gets remarried.

In the present case, the petitioner No. 1 got married to respondent in 1996 and out of the said wedlock, daughter was born. It was claimed by the Petitioner that respondent-husband tried to burn her by putting her on fire. Petitioner wife has also claimed that she is unable to maintain herself therefore, she moved the application before learned Magistrate claiming maintenance. After considering rival claim of the parties, learned Magistrate noted that the parties to the proceedings are Muslims by religion and as such, in view of provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 rejected the claim of petitioner No.1-wife, whereas allowed to the extent of claim of the daughter @ Rs.300/- per month. Learned Magistrate directed the respondent-husband to pay maintenance @ Rs.500/- per month to petitioner No.1-wife for the Iddat period i.e. three months and rejected the claim for future maintenance.

The Court after perusal of the arguments advanced noted that even if the parties are governed by Mohammedan Law and provisions of Divorce Act are applicable, still the maintenance is not required to be confined only to iddat period but till the said lady gets remarried.  [Rehana Sultana Begum v. Hashmi Syed, 2016 SCC OnLine Bom 5263, decided on 11.08.2016]

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