On December 20, the division bench of Allahabad High Court comprising of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the ‘Iddat’ period, but for the rest of her life until she remarries. The court further observed that while setting aside an order of the family court wherein a divorced Muslim woman was found entitled to maintenance only for the period of iddat.  

The Court noted that the family court had committed a manifest error of law by not taking into account the Apex Court's ruling in the case of Danial Latifi and another Vs. Union of India (2001) 7 SCC 740. The High Court further observed that the Top Court had interpreted Section 3 of the 1986 Act with regard to fair provision and maintenance and held that “it would extend to the whole life of the divorced wife unless she gets married for a second time."
"...at the time of divorce, the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs. “Reasonable and fair provision” may include provision for her residence, her food, her cloths, and other articles," the High Court added as it interpreted the true spirit of Section 3 of the 1986 Act.

The Court rejected the argument raised by the respondent-husband that the court below was not having any jurisdiction to pass the impugned judgment. The Court said that he did not raise the objection before the family court and in fact, he did not challenge the judgment and rather, accepted the impugned judgment. The Court set aside the family court's judgment and remitted the matter back to the concerned Magistrate to decide the case determining the amount of maintenance and return of properties to the applicant-appellant (wife) by the respondent-husband in accordance with the law, positively within three months.

The Court also ordered that for a period of three months or till the case is decided, whichever is earlier, the respondent-husband herein shall pay to the applicant/ appellant, a sum of Rs.5000/- per month before the 10th day of each month towards interim maintenance.

Case title - Zahid Khatoon vs. Nurul Haque Khan 
Citation: FIRST APPEAL No. - 787 of 2022

Link: https://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=10120789