Kerala High Court: Muslim Woman’s Right to Maintenance Not Lost Due to Remarriage During Proceedings

The Kerala High Court has held that Muslim women cannot be denied benefits under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, even if they remarry during the pendency of proceedings. 

The ruling came while the Court dismissed a revision petition and an original petition filed by the former husband challenging orders directing him to pay maintenance and fair provision to his divorced wife and their minor daughter.

The Court clarified that a Muslim husband's obligation to provide reasonable and fair provision arises on the date of divorce, and the wife’s later remarriage does not extinguish the rights that had already accrued to her.

[Kannada Anwar Salih v. Safeekhath and Anr. and connected matter]