PRAYAGRAJ: The Allahabad high court has held that a divorced Muslim woman is entitled to get maintenance from her former husband for the whole life unless she gets married for a second time, reports Rajesh Kumar Pandey.
Allowing an appeal filed by one Zahid Khatoon, a division bench comprising Justice Surya Prakash Kesarwani and Justice Mohammad Azhar Husain Idrisi set aside the judgment passed by principal judge, family court, Ghazipur, dated September 15, 2022 whereby he had directed that the appellant (Zahid) is entitled for maintenance only for the period of ‘iddat’ i.e. three months and 13 days from the date of divorce.
While setting aside the judgment of court below, the HC observed, “From the facts and legal position, we have no hesitation to hold that the principal judge, family court, Ghazipur has committed a manifest error of law to hold that the appellant is entitled for maintenance only for the period of iddat.”
The court below has misread and misunderstood the judgment of supreme court in the case of Danial Latifi and another Vs Union of India (2001), which provides that a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife, which obviously includes her maintenance as well. Such a reasonable and fair provision (maintenance), which extends beyond the iddat period must be made by the husband within the iddat period. ”
Giving this judgment, the high court remitted the matter back to the competent court i. e. concerned magistrate of Ghazipur to decide the case for determining the amount of maintenance and return of properties to the appellant by the husband in accordance with law, positively within three months without granting any unnecessary adjournment to either of the parties.





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