Bombay High Court: Divorced Muslim Woman Entitled To Mahr From Ex-Husband Even If Remarries
The Bombay High Court in its recent verdict held that a Muslim woman is entitled to Mahr from her former husband even if get remarried as per the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPA).
Judge Rajesh Patil observed that the Section 3(1)(a) of the MWPA does not contain the word ‘remarriage’ and hence the protection of that maintenance was unconditional and would apply even after the women remarries, reports Bar and Bench.
Under Muslim law, Dower also called as Mahr, is a price which is paid to the wife as a token of respect to her by her husband, before, at the time or after the marriage. It can be paid in the form of money or property, either or both
The judgment came following a revision application filed by a man challenging a maintenance order passed by Magistrate at Chiplun which was subsequently upheld and enhanced by the Sessions court at Ratnagiri.
The couple who got married in 2005 got divorced in 2008. The wife applied for the maintenance under Section 3(1)(a) in 2012.
“Nowhere does the said Act intend to limit the protection that is due to the former wife on the grounds of the remarriage of the former wife. The essence of the Act is that a divorced woman is entitled to a reasonable and fair provision and maintenance regardless of her remarriage. The fact of divorce between the husband and wife is in itself sufficient for the wife to claim maintenance under section 3(1)(a). Section 3 does not absolve the husband of his duty to make and pay a reasonable and fair,“ the judge observed in the order.
The court then added that if a condition is added to the section that the husband is absolved of his duty when the wife remarries, then the husband would deliberately await for his wife’s marriage.
As per the order passed by the court in 2014, the Magistrate granted an amount of Rs 4,32,000 as lumpsum maintenance to be paid to his former wife in 2 months.
The petitioner though challenged the order, it was dismissed in 2017 in session court. And the amount was enhanced to Rs 9 lakh by the petitioner within 2 months. If failed to pay, the amount was to carry interest of 8% per year till the amount is completely paid.
When the women got remarried in 2018, the petitioner approached the court, then sought quashing of the session court order on the grounds that the respondent has remarried.
However, the court disagreed to the petitioner’s argument and opined that the women is entitled to a fair and reasonable provision and maintenance of a divorced and this will not affect the former wife”s remarriage.
