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Remarriage Is Not A Reason To Refuse Support To Divorced Wife, Says Karnataka High Court
Image for representation. (Photo/AFP)
Highlights
- The Karnataka High Court has ruled that possessing a second wife and a child from that marriage is not a reason to deny monthly support to the first wife under Muslim family law.
- The court ordered Rehman to pay Rs 3,000 in monthly alimony to Saira Banu, who indeed he divorced in 1991.
According to Bar and Bench, the Karnataka High Court has ruled that possessing a second wife and a child from that marriage is not a reason to deny monthly support to the first wife under Muslim family law.
The judge made the remark while hearing a case brought by Ezazur Rehman, who sought to overturn a 2011 judgement issued by a Bengaluru family court. The court ordered Rehman to pay Rs 3,000 in monthly alimony to Saira Banu, who indeed he divorced in 1991.
Banu had reported about dowry harassment shortly following their marriage. After that, Rehman divorced her by saying talaq. Throughout the iddat period, he paid Banu Rs 900 in monthly alimony.
In Islam, Iddat refers to the time a woman must seek to remarry when her husband dies or following a divorce. Following this time, Rehman discontinued providing Banu's maintenance.
Rehman submitted a new plea in family court after his release, claiming financial inability to pay the monthly alimony. His appeal, however, was turned down. In the High Court, he disputed the order.
According to Live Law, Justice Krishna S Dixit of the Karnataka High Court stated that Muslim marriage is a 'contract' with various shades of significance, as opposed to Hindu marriage, that is a 'sacrament.'
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