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Divorced Muslim lady entitled to alimony for existence, HC orders husband to maintain spouse

Sanjay Pandey, Prayagraj: The Allahabad Prime Courtroom has stated {that a} divorced Muslim lady has the best to obtain upkeep from her ex-husband, now not just for the iddat duration, however until she remarries or for the remainder of her existence. The alimony must be such that the lady can are living in the similar approach as she was once dwelling prior to the divorce. The department bench of Justice SP Kesarwani and Justice MAH Idrisi gave this determination on Wednesday whilst approving the attraction of a girl named Zahid Khatoon. The Courtroom stated that the Holy Quran Sharif additionally orders the husband to maintain his spouse after divorce.

The Courtroom stated that underneath Phase 3(2) of the Coverage of Muslim Ladies’s Divorce Rights Act, 1986, a divorced lady can document an software prior to the Justice of the Peace in quest of upkeep from her ex-husband. The courtroom quashed the order of Predominant Pass judgement on Circle of relatives Courtroom, Ghazipur to grant alimony just for the duration of iddat terming it as unlawful. The courtroom ordered the competent Justice of the Peace to move an order inside 3 months on alimony and mehr go back as in keeping with regulations and until then directed the husband to pay alimony of Rs.5000 per 30 days to his divorced spouse.

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Petitioner Zahid Khatoon was once married to Noorul Haq Khan on Might 21, 1989. She divorced Zahid on 28 June 2000 and remarried. Zahid filed an software underneath Phase 3 of the Muslim Ladies Coverage Act prior to the Further Leader Judicial Justice of the Peace, Junior Department, Ghazipur. The district pass judgement on despatched it to the circle of relatives courtroom. Zahid additionally filed an software underneath Phase 125 CrPC. In this, the Justice of the Peace ordered fee of Rs 1500 per 30 days until the duration prior to divorce. The revision petition by contrast was once disregarded. Alternatively, the circle of relatives courtroom, after the testimony of the proof, gave a call to pay 1500 per month and Rs. This was once challenged within the Prime Courtroom.

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