RULING A woman “does not have to prove every time that she is unable to maintain herself”, the Kerala High Court directed a man to pay a one-time lump sum to his twice-divorced Muslim wife.
The amount, the court said, would be a substitute for the regular payment of maintenance. Interestingly, the woman is planning to marry for the fourth time, the man claimed.
Malappuram resident V. Baputty argued that his wife Shahida was not entitled to alimony from him as she had obtained an amount of Rs 30,000 from her first husband and had not claimed maintenance from the second. Besides, the amount, under Section 3 (A) of the Muslim Women (protection of right on divorce) Act, was the alimony due to her till the end of her life, he contended.
But the court dismissed his plea saying a Muslim woman, who had married and received maintenance from her former husband, was entitled to claim alimony again under the same Act from her next husband, even if he too divorced her.
Justice R. Basant said even after re-marriage, the amount paid to her under the Act was meant till her remarriage only and not till the end of her life, the court observed. “Even on her remarriage, she can keep such a payment. She does not have to prove every time that that she is unable to maintain herself,” Justice Basant said.