Bombay HC: Divorced Muslim woman entitled to maintenance even if she remarries
Saturday, 6 January 2024
The Bombay high court has held that a divorced Muslim woman is entitled to receive maintenance under the Muslim Women (Protection of Rights on Divorce) Act (MWPA), 1986, even if she had remarried. Justice Rajesh Patil dismissed the husband's challenge to pay his ex-wife lump sum maintenance. The husband's advocates argued that he was not liable to pay maintenance because she had remarried, but Justice Patil stated that the protection under MWPA is unconditional and does not limit the rights of the former wife based on remarriage.
The Bombay high court has held that a divorced Muslim woman is entitled to receive maintenance under the Muslim Women (Protection of Rights on Divorce) Act (MWPA), 1986, even if she had remarried. Justice Rajesh Patil dismissed the husband's challenge to pay his ex-wife lump sum maintenance. The husband's advocates argued that he was not liable to pay maintenance because she had remarried, but Justice Patil stated that the protection under MWPA is unconditional and does not limit the rights of the former wife based on remarriage.
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