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'Muslim man is bound to maintain his ex-wife beyond iddat period despite paying Mehr if she is un-remarried & incapable of maintaining herself': Karnataka HC

Lawstreet Journal 7 Nov 2021 2:28am

Image courtesy: Lawstreet Journal Judiciary 'Muslim man is bound to maintain his ex-wife beyond iddat period despite paying Mehr if she is un-remarried & incapable of maintaining herself': Karnataka HC

Case Title: EZAZUR REHMAN V. SMT. SAIRA BANU

The Karnataka High Court held that a muslim man is duty-bound to make provision for his ex-wife's maintenance beyond iddat period, despite paying Mehr, if she remains un-remarried and is incapable of maintaining herself.

The High Court was called upon to address the following three issues of law:

  1. Whether a Muslim is duty-bound to make provision for his ex-wife beyond iddat despite paying paltry Mehr if she remains un-remarried and is incapable of maintaining herself?
  2. Whether a decree for maintenance like any other money decree can be resisted on the ground of lack of financial capacity of the judgment debtor?
  3. Whether a Muslim contracting another marriage and begetting children from it can resist the execution of the maintenance decree obtained by his ex-wife, on that ground per se?

Reasoning and Decision of the Court

Answering the 1st question in positive, the High Court held that,

“Ordinarily, the right of an ex-wife to maintenance does not extend beyond iddat; I should hasten to add that Islamic jurisprudence has not treated this as a Thumb Rule ever, although there is some juristic opinion invariance; this norm has to be subject to the rider that the amount paid to the ex-wife, be it in the form of mehr or be it a sum quantified based on mehr, or otherwise, is not an inadequate or illusory sum; it is a matter of common knowledge that more often than not, mehr is fixed inadequately, bride-side lacking equal bargaining power… Continue Reading...


Tagged: Karnataka high court  
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