‘Divorced Muslim woman can claim maintenance if not remarried’

Justice RMT Teeka Raman, while dismissing a criminal revision petition moved by a man challenging the order of maintenance awarded by the Salem Family Court, said, “In the case in hand, there is no allegation that the wife has remarried and hence the family court judge, Salem, has correctly held that the husband is liable to pay maintenance under section 125 of CrPc.” 

“Also, taking note of the education of two minor children, the trial judge has concluded that not less than Rs 2,000 is required for their maintenance. Taking note of the husband’s financial position and incidental expenses, the order directing payment of Rs 2,000 to the wife herein cannot be termed as excessive and hence the quantum of the maintenance award passed by the family court judge is just and reasonable and does not call for any interference,” the judge said.

As per the case, the wife along with her minor son and daughter claimed maintenance for a sum of Rs 20,000 per month. After the hearing, the Salem family court awarded Rs 2000 to the wife and Rs 2,000 each for the minor children. Against the award passed to the wife, the husband moved the criminal revision petition. He had contended that the trial court has committed an error without examining the fact that by pronouncement of talaq, the marital relationship between the husband and wife has come to an end and hence erred in passing the maintenance award. He also said the maintenance amount awarded is excessive. 

However, the judge on citing a slew of Supreme Court judgments held, “That even if a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 124 CrPC after the expiry period of iddat also as long as she does not remarry.”