The Supreme Court of India has appointed Solicitor General Tushar Mehta and Senior Advocate Siddhartha Dave as amicus curiae (pro bono legal advisors) to provide legal assistance on whether a Family Court can grant permanent alimony to a Muslim woman after divorce. The case also raises the question of whether such alimony can be modified if the woman remarries.
Background of the Case
A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra is presiding over the matter. The case stems from an appeal filed by a man challenging the Gujarat High Court’s order dated March 19, 2020, which upheld the Family Court’s decision to award a lump sum permanent maintenance of ₹10,00,000 to his ex-wife after granting a divorce decree.
The matter is significant because it raises crucial questions about the interpretation of laws governing Muslim women's rights to maintenance post-divorce. The appeal is now scheduled for hearing on April 15, 2025, at 2 PM.
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In a prior hearing on February 17, 2024, the Supreme Court directed all relevant parties to submit the 2024 judgment in Mohd. Abdul Samad Vs. State of Telangana, which recognized that Muslim women can seek maintenance under Section 125 of the Criminal Procedure Code (CrPC).
The Family Court’s decision was based on the landmark ruling in Danial Latifi & Anr vs. Union of India (2001), where the Supreme Court held that a Muslim husband is obligated to provide a reasonable and fair provision for the future of his divorced wife. The judgment clarified that this provision extends beyond the iddat period and must be made within that period, as per Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The 1986 Act stipulates that a Muslim woman is entitled to a reasonable and fair amount during the iddat period. If she has not remarried and cannot sustain herself, she may claim maintenance beyond this period.
Gujarat High Court’s Observations
The Gujarat High Court upheld the Family Court’s order after thoroughly analyzing Muslim women's legal status, case precedents, and statutory provisions. The High Court’s verdict, delivered by Justices J.B. Pardiwala (now a Supreme Court judge) and Vireshkumar Mayani, laid down key principles:
Legal Right to Divorce: Before the enactment of the Dissolution of Muslim Marriages Act, 1939, Muslim women had no legal right to seek a divorce unless granted by their husband. The 1939 Act provided women with a statutory right to seek a divorce through the courts.
Recognition of Divorce: A divorce obtained under the 1939 Act is legally recognized under Muslim law, and the ex-wife is entitled to reasonable and fair provision under the 1986 Act.
Jurisdiction of Family Courts: Section 20 of the Family Courts Act, 1984, gives the Act an overriding effect over all other statutes. It applies to all communities, including Muslims, thereby bringing Muslim matrimonial disputes under its purview.
Maintenance and Matrimonial Property: The right to maintenance and claims over matrimonial property are intrinsic consequences of marriage or its dissolution. These claims are an essential part of any divorce decree.
"The husband is obligated to make a reasonable and fair provision for his divorced wife, which is distinct from maintenance. This obligation is not limited until she remarries." – Gujarat High Court
"The grant of permanent alimony is incidental to the dissolution of marriage. It is a lump sum estimation to discharge the husband from future liabilities unconditionally." – Gujarat High Court
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Supreme Court’s Decision and Next Steps
In response to the appeal, the Supreme Court has acknowledged the complexity and importance of the legal issues involved. The appointment of amicus curiae is aimed at ensuring a comprehensive legal analysis before delivering a verdict.
The Supreme Court has directed the Registry to provide a complete copy of the case records to the amicus curiae within two working days. Furthermore, the amicus curiae have been requested to submit their written arguments within two weeks.
The matter is now listed for further hearing on April 15, 2025, at 2 PM, where the Court will consider all legal perspectives before making a final determination.
Case Details: TARIF RASHIDBHAI QURESHI v.ASMABANU|Special Leave to Appeal (C) No(s). 3357/2022
