Divorced Muslim woman entitled to ‘lifetime’ maintenance until she remarries: Allahabad High Court

Allahabad High Court order: The Allahabad High Court has held that a divorced Muslim woman is entitled to maintenance from her former husband for her entire life unless she gets married for a second time.

The High Court, set aside a lower court order that had earlier set a defined timeline for the payment of alimony.

The bench of Justice Surya Prakash Kesarwani and Justice Mohd Azhar Husain Idrisi were hearing a case involving a Muslim woman, Zahida Khatoon, whose husband Narul Haque divorced her in 2000 after an 11-year marriage.

The High Court set aside a September 15, 2022, verdict by the principal judge of the Ghazipur family court which ruled that the appellant Zahida Khatoon was entitled for maintenance only for the period of “iddat”, which was defined as three months and 13 days from the date of divorce.

“We have no hesitation to hold that the principal judge, family court, Ghazipur, has committed an error of law to hold that the appellant is entitled for maintenance only for the period of iddat,” the HC said.

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