Karnataka High Court: The Karnataka High Court has clarified that a Muslim marriage is a contract, which can take many forms. It is not a sacrament like a Hindu marriage. Breach of contract does not eliminate responsibilities. In such a situation, the right of the ex-wife to get alimony in special circumstances after divorce is indisputable.
The court made it clear that even after the marriage bond is broken through a divorce, all the obligations and duties of the parties are not completely abolished. In this case, 52-year-old Ejaz ur Rehman of Bangalore had left his wife Saira Banu thrice in November 1991 after a few months of marriage. His marriage took place on Mehr of five thousand rupees. After the divorce, he married for the second time. In August 2002, Saira approached the family court seeking alimony. In August 2011, the court ordered him to pay maintenance of Rs 3000 per month. This allowance is set till the time Saira or Rehman is alive or the second marriage of Saira. Against this, Rahman filed a petition in the High Court. Dismissing the petition, Justice Krishna S Dixit also imposed a fine of Rs 25,000 on him.
Helping a destitute wife. The moral and religious duty of a Muslim
Justice Dixit quoted from the Quran to say that it is his moral and religious duty for a pious Muslim to help his destitute ex-wife.
Mehr is also insufficient
The High Court observed that in Islamic religious law, the Mehr is generally seen as a reward given to an ex-wife. Normally he is not considered eligible for maintenance after iddat. But this is not an always accept the standard rule. Mehr’s amount is also often misleading and an insufficient figure.
There can be many forms of contract
In the judgment, the High Court said that while leads to the dissolution of marriage, some rights and responsibilities arising out of it are not completely abolished. The parties concerned in the marriage is said former contract-holders. According to the law, new responsibilities arise from this. After divorce, it becomes the circumstantial duty of the husband to pay maintenance to the destitute ex-wife.
Violation of Supreme Court order on closure in educational institutions is serious
The Kerala High Court has asked the officials of the concerned departments to follow the orders of the Supreme Court and the High Court itself regarding the closure of educational institutions. Also warned, he will take the matter very seriously for not doing so. The High Court gave these directions while disposing of a petition filed regarding the strike in educational institutions.
It was said in the petition that the closure of educational institutions by student organizations is in violation of the order of the Supreme Court. In 2018, the school remained closed for several days due to the strike at the government PVHS school in Perumkulam. Even on the complaint, the police did not take any action. On the petition, the government argued that on receipt of the complaint, the police had organized a meeting of the parties concerned. The High Court, after knowing the side of the government, disposed of the petition.
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