‘Are Muslim women entitled to permanent alimony on divorce’, SC to decide-OxBig News Network

Can a family court award permanent alimony to a Muslim woman on dissolution of her marriage as per the Dissolution of Muslim Marriages Act, 1939?

The Supreme Court has appointed Solicitor General Tushar Mehta and senior advocate Siddhartha Dave as amicus curiae to assist it in deciding the contentious issue.

It would also decide if such permanent alimony could be modified on the re-marriage of the woman.

“We request the learned amicus curiae also to file their written submissions within two weeks,” a Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra said, posting the matter for April 15.

The March 24 order came on an appeal filed by a Muslim man against the Gujarat High Court’s March 19, 2020 order upholding a family court’s decision to grant a decree of divorce to a Muslim woman and asking the man to pay Rs 10 lakh as permanent lumpsum maintenance for lifetime.

Relying on the top court’s verdict in Danial Latifi vs Union of India (2001), the family court had held that the husband was liable to make a reasonable and fair provision for the future of the divorced wife, including her maintenance.

While upholding the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Supreme Court had in Danial Latifi’s case ruled that Muslim husbands were liable to provide maintenance to their divorced wives beyond the ‘iddat’ period, as mandated by Section 3(1)(a) of the Act.

‘Iddat’ is a mandatory waiting period a Muslim woman observes after divorce or death of her husband during which she can’t remarry to ensure clarity regarding potential pregnancy.

The Gujarat High Court had upheld the family court’s order and refused to modify it even after being informed that the Muslim woman in question had remarried.

Noting that the right of maintenance and right in the matrimonial property were the consequences of the marriage or its dissolution, the high court had said, “Those reliefs are incidental to the main relief of ‘dissolution of marriage’ and therefore, these reliefs are very much an integral part of the decree of ‘dissolution of marriage’.”

The high court emphasised that the law cast two separate and distinct obligations on the husband, ie, to make “reasonable and fair provision” for his divorcee wife and to provide “maintenance” for her.

“The obligation to make a reasonable and fair provision for the divorced wife is not restricted until the divorced wife remarries…The provision for permanent alimony is incidental to the granting of a decree or judicial separation, divorce or annulment of marriage,” the HC had said.