New Delhi. The Patna High Court has given a big verdict in favor of a Muslim woman in a case related to alimony after divorce. The High Court says that if a woman is unable to maintain herself after divorce, then she will be entitled to the passage of her ex-husband, even if the woman has been paid for the period. High Court Justice Jitendra Kumar gave this order citing the decisions given by the Supreme Court earlier. The judge said that the existence of Muslim women (Protection of Rights on Divorce) Act, 1986 cannot deny the measures available under Section 125 CRPC.
Justice Kumar mentioned the decisions given by the Supreme Court in the ‘Daniel Latifi’ case and ‘Mohammad Abdul Samad’ case in this context. According to Live Law, according to the petitioner woman in this case, in 2007, according to Islamic customs, the defendant who is her ex-husband was married. Both of them also have a daughter from this marriage. According to the petitioner, after marriage, husband and in -laws demanded Rs 2 lakh and dowry. When the demand for dowry was not met by the girl side, the woman had to bear atrocities first and later her in -laws were expelled from the house. The woman then filed a criminal complaint under Section 498A. The woman claimed that her husband runs a boutique in Mumbai from where she earns Rs 30,000 per month as well as she has agricultural land and also owns another shop. The petitioner sought a living allowance of Rs 20,000 per month for the maintenance of himself and his daughter. However, her husband denied allegations of dowry and atrocities, alleging that his wife had relations with another person.
Order to give 2-2 thousand rupees per month to ex-wife and daughter
The husband said that the woman herself had refused to return to her in-laws’ house, after which she was paid three divorces in the village panchayat and paid for the period of Iddat. The Patna High Court described both the petitioner woman and her daughter as entitled to maintenance. At the same time, keeping in mind the other dependents of the husband, in which his old mother, father and second wife, the court ordered that every month give the alimony of two thousand rupees to his ex-wife and daughter.
What is the time period?
When a Muslim woman gets divorced from her husband or her husband dies, the woman has to spend some time alone (away from men) to ensure that she is not pregnant. This is called Iddat period. The Iddat period for a divorced woman is three months. While the husband dies, the woman has to spend 4 months and 10 days in a period.
