In a significant move, the Supreme Court has appointed Solicitor General Tushar Mehta and Senior Advocate Siddhartha Dave as amicus curiae to deliberate on the legal question of whether a Family Court can grant permanent alimony to a Muslim woman post-divorce, according to the Dissolution of Muslim Marriages Act, 1939. The court will also consider if such alimony should be altered upon the remarriage of the woman.
A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra underscored the importance of these issues as they issued the order during the hearing of an appeal against the Gujarat High Court’s verdict from March 19, 2020. The High Court had upheld the Family Court’s decision to grant the woman a divorce and Rs. 10,00,000 as a permanent lifetime lump sum maintenance.
In February’s session, the justices asked the involved parties to reference the 2024 ruling in Mohd. Abdul Samad Vs. State of Telangana, which affirmed the rights of Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), relying on the precedent set by the landmark case Danial Latifi & Anr vs Union Of India. This case highlighted that a Muslim husband must provide fair and reasonable provision for his divorced wife’s future, which includes her maintenance.
The case, rooted in the Gujarat High Court’s deliberations by Justice JB Pardiwala and Justice Vireshkumar Mayani, underscored several legal nuances concerning the rights and entitlements of Muslim women post-divorce. The High Court confirmed the Family Court’s judgment, stating that post-divorce, a Muslim woman is entitled to fair and reasonable maintenance during and beyond the iddat period, irrespective of her remarriage status, under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The legal discourse extends to how the Family Courts Act, 1984, harmonizes with Muslim matrimonial disputes, providing a comprehensive framework for addressing such issues uniquely within the Muslim community.
The matter is slated for further discussion on April 15, where the implications of these legal questions could redefine the understanding of alimony and maintenance rights concerning divorced Muslim women in India.
