Kerala High Court gave an important ruling in the divorce and maintenance case, saying that if a Muslim woman refuses to live with her husband or if they are mutual If remaining separate from consent, she will not be entitled to maintenance or interim maintenance.
Thiruvananthapuram: The Kerala High Court has ruled that a Muslim woman divorced under ‘open’ cannot claim maintenance or ‘ maintenance ’ from her husband after it goes into effect. Explain that in the Muslim community, ‘open’ consent is called divorce. In such a divorce, the wife agrees with the husband to separate from the marriage. Justice A. Badruddin said that a Muslim woman can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) till her marriage.
The court said this in the judgment
Justice Badruddin further stated in his decision that section 4 of section 125 of (CrPC) states that if a Muslim woman refuses to live with her husband Or if they are staying apart from mutual consent then they will not be entitled to maintenance or interim maintenance. The court commented that when the wife was ‘open’ to getting rid of her husband’s Divorce If taken, is actually equivalent to the wife’s refusal to live with her husband.
The spouses have been living separately since 2018
The judge said in his judgment that if the wife, who divorced by ‘open’ at her will, voluntarily refused to live with her husband, she would ‘Not entitled to maintenance from the date of ‘open. The High Court ruled when a man challenged that order of the Family Court, In which he was instructed to give an allowance of 10 thousand to his ex-wife and son every month. The High Court, looking at the case and its records, found that the two sides had been living separately since 31 December 2018.
The court closed the case
The High Court also noted that the trial between them began in 2019. The court also took into account the fact that the wife had no permanent income or employment to maintain herself and her child. However, in its judgment, the court said that the wife and son should be given alimony till the end of the marriage under ‘open’ and closed the case.
