Bengaluru: “Muslim marriage is not a sacrament, (and) does not expel the rights and certain obligations arising from the dissolution,” said the Karnataka High Court, rejected a request for a man and came to save his Furwife, who had fought to enforce the decade of court maintenance for the decade final.
Contrarting another marriage after saying Talaq on his first wife, a Muslim man could not say he had to defend his new wife and their child, and quoted the same as the ground because it did not embrace maintenance, said Justice Krishna S Dixit.
Humans should have known responsibilities for ex-wife: HCLE PATITIONER, Ezazur Rehman, pleading that he could not pay maintenance on his ex-wife, Saira Banu, when he remarried and had to provide his wife and their child.
The judge said Rehman should know his responsibility for his ex-wife, who did not have anything to fall back.
The responsibility of paying maintenance arises from its own actions, and before marrying another woman, the court said.
Citing the Quran and Hadith, the judge said the right of a woman divorced for maintenance was conditioned in three cumulative factors – the amount of MEHR which was not significant, the inability of women to defend themselves, and if she was not married again.
Muslim marriage “dissolved by divorce, per se not destroying all the duties and obligations of the parties with keys, stock and barrels”, the judge recorded in orders passed on October 7 “in law, new obligations may appear, one of them becomes direct assignment Someone to give sustenance to his ex-wife who is a divorce with divorce.
“The judge observed that marriage among Muslims began with contracts and graduates with status as usual in other communities and this status raises the obligations that can be guaranteed by the contract (from the contract).
The judge also said Rehman’s disgusting dispute for the law, morality and ethics and if such a dispute was taken into account, it would only encourage the talaq avoided by the law.
Citing various conventions about humans and especially women’s rights, the judge shows that divorce brings difficulties for women, and more than divorced Muslim women.
Divorced tears “hidden in their veil”, he noted, and not because immoral people did not know this opposed the decision for maintenance.
Justice Dixit imposed a cost of RS 25,000 to Rehman and asked the court judge to execute the same on the war footing and reported compliance with the Registrar General HC within three months.
Muslim marriage does not negate maintenance: HC k’taka
