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Kerala HC: Muslim Woman Filing Divorce Not Entitled To Maintenance From Husband

'Khula' which is known as divorce occurs when a wife asks for the Talaq with her agreement and consideration to her husband for releasing her from that marriage...

Edited By : News24 Desk | Updated: Oct 11, 2023 17:26 IST
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The Kerala High Court stated that a Muslim woman who took divorce (Khula) cannot claim the
maintenance from her husband after the date of Talaq (Khula) under Section U/S125 CrPC.
‘Khula’ which is known as divorce occurs when a wife asks for the Talaq with her agreement and consideration to her husband for releasing her from that marriage, according to Mulla Principles of
Mahomedan Law.

Kerala High Court Khula Divorce Case

According to  Livelaw, the woman had first filed a petition in the family court for maintenance. She had demanded a maintenance allowance of Rs 15,000 every month for herself and Rs 12,000 for the child.

The woman had claimed that she was living with her husband till December 2018. But later, she separated from her husband after accusing him of an extra-marital affair. The woman said that on May 27, 2021, she had divorced through ‘Khula’.

Whereas the husband claimed that he used to run his own business but when he suffered a loss in it, his wife separated from him in December 2018. Moreover, the husband had also accused his wife of an extra-marital relationship.

The Family Court found that the husband had no evidence to prove the allegations of his wife’s extra-marital relationship. However, the Family Court had announced to give alimony of Rs 10,000 each to the wife and child every month.

Why Is She Not Entitled To Maintenance?

The Kerala High Court judge, Justice A. Badharudeen announced that when the wife divorces her husband through ‘khula’, it means that she is refusing to live with him. He said if the wife has taken divorce through ‘Khula’ then she has voluntarily refused to live with the husband, hence under Section 125(4) of CrPC she will be not entitled to receive any kind of maintenance.

Justice A. Badharudeen on Khula Under Section U/S125

The court said that a divorced Muslim woman can demand maintenance from her husband till she
remarries, provided there is a major reason for divorce. The court said, under section 125(4) of CrPC, no
divorced woman is entitled to receive maintenance from her husband if she is living with someone else
or is living separately from her husband without any reason or have decided to live separately with
mutual consent.

Justice Badharudeen said that ‘Khula’ also means that the wife does not want to live with the husband on her own free will. Therefore, she is not entitled to receive maintenance. However, the court said that the litigation between the two started in 2019 and both were together till December 2018. Whereas Khula is effective from 27 May 2021. Therefore, the wife will get a maintenance allowance of Rs 7,000 and the child will get Rs 10,000 every month till 27 May 2021.

First published on: Oct 11, 2023 05:26 PM IST

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