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| 'Muslim Men Must Provide For
Divorced Wife'
In what is considered as a major victory for divorced Muslim women, the Supreme Court on Friday ruled that their former husbands were liable to provide for them till remarriage. The liability of the husband does not end
after the iddat period that follows a divorce, as laid down in the Muslim
Women (Protection of Rights on Divorce) Act 1986, a five-judge
constitution bench of the court ruled. Divorced women cannot remarry during the
iddat period, which extends from 90 to 130 days. Divorced Muslim women could also seek
maintenance from their relatives and from the state Waqf board, the bench
headed by Justice G B Pattanaik ruled. Sitting with him were S Rajendra Babu, D P
Mohapatra, Doraiswamy Raju and Shivraj V Patil. In 1985, the Supreme Court had ruled that
divorced Muslim women were entitled to maintenance for life. The order
overruled an earlier provision that allowed payment for only three months
after divorce. But after orthodox Islamic groups said the
ruling clashed with Muslim personal laws, the government enacted the 1986
law that ended the women's life-long right to financial support from
husbands. Since then, women activists have been fighting the 1986
legislation. It is this issue that was clarified by the court on Friday. "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," the bench said.
"Such a reasonable and fair provision extending beyond the iddat
period must be made by the husband within the iddat period," the
court ruled. The bench also ruled that a divorced Muslim
woman, who had not remarried and who was not able to maintain herself
after the iddat period "can proceed against her relatives who are
liable to maintain her in proportion to the properties, which they inherit
on her death". "If any of the relatives are unable to
pay maintenance, a magistrate may direct the state Waqf board established
under the act to pay such maintenance," the court ruled. Welcoming the judgement, Anees Ahmed, a
lawyer who represented the National Commission for Women during the
hearings in the Supreme Court, said the confusion on the maintenance
payable to divorced Muslim women had now been cleared. "The court has given a very benevolent judgement, which favours Muslim women and is according to true Islamic traditions," Ahmed told Indo-Asian News Service. Source: |