Muslim marriage a contract; divorce doesn’t annihilate obligations of parties by lock, stock and barrel: Karnataka High Court

By: |
Updated: October 21, 2021 12:44 PM

The high court made the observations in a case pertaining to a petition filed by 52-year-old Ezazur Rehman urging the court to quash an order passed by a Family Court in Bengaluru on August 12, 2011.

Justice Dixit even quoted verses from Surah Al Bakra in Qur'an that says a pious Muslim owes a moral and religious duty to provide subsistence to his destitute ex-wife. (Representative image: PTI)

The Karnataka High Court has said that, unlike sacrament Hindu marriage, Muslim marriage is a contract with many shades of meaning and does not repel certain rights and obligations arising from its dissolution. The high court made the observations in a case pertaining to a petition filed by 52-year-old Ezazur Rehman urging the court to quash an order passed by a Family Court in Bengaluru on August 12, 2011. The family court had ordered Rehman to give monthly maintenance of Rs 3,000 to her ex-wife till the death of the plaintiff or till she gets remarried or till the death of the defendant.

Rehman had divorced his wife Saira Banu on November 25, 1991 by uttering Talaq. Banu was married to Rehman with a ‘Mehr’ of Rs 5,000. After divorcing Banu, Rehman had got into another marriage and became the father of a child. Banu had then filed a civil suit seeking maintenance from Rehman on August 24, 2002.

After the family court verdict, Rehman had approached High Court against the order. The HC dismissed his petition and imposed a fine of Rs 25,000. Justice Krishna S Dixit in his order said that marriage amongst Muslims begins with the contract and graduates to the status as it ordinarily does in any other community. “This very status gives rise to certain justiciable obligations. They are ex contractu,” the PTI reported quoting the order.

Justice Dixit even quoted verses from Surah Al Bakra in Qur’an that says a pious Muslim owes a moral and religious duty to provide subsistence to his destitute ex-wife.

The HC said that Mehr is treated as consideration for marriage in Islam and it may be a ‘prompt dower’ payable before the wife is called upon to enter the conjugal domicile or it may be a ‘deferred dower’ payable on the dissolution of marriage.

Justice Dixit also highlighted that ‘Mehr’ is fixed inadequately and the bride-side lacks equal bargaining power inter alia because of economic and gender-related factors.

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, Check out latest IPO News, Best Performing IPOs, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.

Next Stories
1‘Grossly unjust’: Congress leader Anand Sharma says opposition being painted wrongly
2Punjab CM Charanjit Singh Channi writes to PM Modi, urges him to waive farmers’ debts
3Meghalaya: Congress petitions Speaker to disqualify 12 MLAs who crossed over to TMC