Kerala High Court Upholds Maintenance Rights for Divorced Muslim Women

Court Affirms Right to Claim Maintenance Under Cr.P.C. Despite Enactment of 1986 Act

In a landmark judgment, the Kerala High Court has reaffirmed the rights of divorced Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.), even after the introduction of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This ruling was delivered by Dr. Kauser Edappagath J., in the case of Kannadan Anwar Salih vs. Safeekhath and Others, providing crucial clarification on the legal position regarding the maintenance of divorced Muslim women.

The case revolved around the maintenance claims made by Safeekhath, the first respondent, who was divorced by the petitioner, Kannadan Anwar Salih, in 2011. Following the divorce, Safeekhath filed for maintenance under both Section 125 of the Cr.P.C. and Section 3(1) of the 1986 Act. The Family Court initially awarded her maintenance, which was subsequently contested by the petitioner in the Kerala High Court.

The High Court's judgment emphasized that the right to claim maintenance under Section 125 of the Cr.P.C. does not get extinguished by the enactment of the 1986 Act. The court highlighted that a divorced Muslim woman is entitled to maintenance under Section 125 until she remarries or the due amount under Section 3 of the Act is paid. The court cited precedents from the Supreme Court and previous judgments of the Kerala High Court, affirming that the 1986 Act does not derogate the provisions of Section 125 of the Cr.P.C. but rather supplements them.

The court further clarified that the husband's obligation to provide reasonable and fair provision for future maintenance arises immediately upon divorce. In this case, the High Court upheld the Family Court's decision to award maintenance to Safeekhath until her remarriage in 2014, finding the amount reasonable in light of her needs and circumstances.

This judgment reinforces the legal protections available to divorced Muslim women, ensuring they can seek maintenance for their sustenance and well-being, regardless of the enactment of the 1986 Act. Legal experts laud this decision as it upholds the rights of women and ensures justice is served in accordance with both personal and statutory laws.

Bottom Line:

A divorced Muslim woman is entitled to claim maintenance under Section 125 of Cr.P.C. even after the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, until she remarries or the amount payable under Section 3 of the Act is actually made.

Statutory provision(s): Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3(1), Criminal Procedure Code, 1973 Section 125, Criminal Procedure Code, 1973 Section 127(3)(b)

Kannadan Anwar Salih v. Safeekhath, (Kerala) : Law Finder Doc Id # 2813623