Muslim Divorce

Indian law on matters pertaining to marriage, divorce and succession are governed by personal laws. In Muslim matrimonial mattesr, the laws on a Muslim woman's right to maintenance are clearly laid down. In August 2010, the Delhi High Court ruled that a Muslim man is liable to pay maintenance, to his ex-wife and minor children, until she remarries. Further, the court held that a divorced Muslim woman is entitled to maintenance under the Criminal Procedure Code. The court further said that this is applicable regardless of the provisions of the Muslim law. Muslim law also provides that a person is liable to pay maintenance to his divorced wife, only for the Iddat period (nearly 3 months after dissolution of the marriage).

The Women (Protection of Rights on Divorce) Act, 1986, was enacted with an objective, namely to protect the rights of divorced Muslim women. The Act, entitles a divorced Muslim woman, to claim maintenance from her ex-husband. Further, it provides that the husband is obliged to provide maintenance within the period of iddat (waiting period imposed upon a Muslim woman, after dissolution of her marriage). However, the obligation is not restricted to the period of iddat. Also, the Act provides that in case her husband fails to provide maintenance, she can approach the Wakf Board for the same.

Triple divorce is a highly sensitive issue among the Muslims. Under this Islamic law, a husband is entitled to obtain a divorce and renounce his obligations towards his wife by pronouncing the word ‘talaq’ thrice. This practice has been abused on several occasions, awakening legislatures across the world to reform it. In fact, the practice of triple divorce is banned under the law in several nations, including Algeria, Bangladesh, Iraq, Iran, Pakistan and Turkey.

Islamic laws for women have always been interpreted broadly by the courts in India. In 1986, a ruling by Supreme Court caused tremendous debate in India’s political circles. In Shah Bano’s case [1985 AIR 945, 1985 SCC (2) 556], alimony was granted to an elderly woman who was divorced by her Muslim husband.