Muslim Wife Can't Be Denied Maintenance When Factum Of Divorce Not Properly Established: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has ordered a Muslim man to maintain his wife till the factum of divorce, as had been claimed by him, is established.Muslim personal law does not contemplate maintenance to a divorced wife. Justice Rajnesh Oswal however clarified that wife cannot be asked to live her life without any maintenance from her husband when the issue of dissolution of marriage is...
The Jammu and Kashmir High Court has ordered a Muslim man to maintain his wife till the factum of divorce, as had been claimed by him, is established.
Muslim personal law does not contemplate maintenance to a divorced wife. Justice Rajnesh Oswal however clarified that wife cannot be asked to live her life without any maintenance from her husband when the issue of dissolution of marriage is not proved.
The bench reasoned that denying maintenance would defeat the purpose of Section 488 of the Criminal Procedure Code (Pari Materia with sec 125 CrPC), which aims to provide temporary financial support to women during marital disputes.
The High Court noted that petitioner (husband) had presented contradictory statements inasmuch as he claimed to have divorced his wife on one hand and stated that she had left their home on her own, on the other. Thus the Court said that the issue of dissolution of marriage is not properly proved and the trial court was right in ordering the petitioner to provide a monthly sum of Rs.7000 to respondent No.1 (wife).
Stressing that the purpose of Section 488 of CrPC, which deals with maintenance, would be defeated if wives were denied maintenance solely based on unproven claims of divorce the court recorded,
“It shall defeat the whole purpose of Section 488 of Cr. P. C. Taking into consideration the object of the said provision, the concept of interim maintenance was evolved by the Supreme Court in ‘Savitri v. Govind Singh Rawat [(1985)4SCC 337]”.
In view of the above, the Court found no abuse of process of law which could warrant the indulgence of the Court. Thus it dismissed the plea.
Case Title: ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER
Citation: 2023 LiveLaw (JKL) 282