HC rules Muslim women can get maintenance after re-marriage

Section 2(A) of the Act defines a divorced woman as one who was married according to Muslim Law and was divorced by, or obtained divorce from her husband in accordance with Muslim Law. The statute does not refer to the contingency or existence of a remarriage, the Bench comprising Justice M. Ramachandran and Justice M. Sasidharan Nambiar ruled.

This important ruling was made while disposing of a Criminal Revision petition filed by A.M. Abdul Hameed of Khedekal, challenging the direction issued by the Judicial First Class Magistrate, Kasargod, to pay maintenance to his former wife, Fousiya.

He contended that he was not liable to pay maintenance as she was remarried at the time of filing the maintenance petition. The High Court turned down the plea, saying the right to maintenance had accrued to her even during the Iddat, and the payment could not be withheld on account of her subsequent remarriage.

Remarriage is not encouraged during the Iddat and the ex-husband has to make payments within this period. If this has not been done, an application has to be submitted to a magistrate. The magistrate then would order payment of maintenance if he is satisfied that the husband despite having sufficient means, failed to make the payment.