By Admin 
Can a Muslim women demand a permanent amount in the court after divorce? If that woman marries again, can the living amount be changed? The Supreme Court will consider these important legal questions. He has appointed Solicitor General Tushar Mehta and senior advocate Siddharth Dave as Amicus Curie for his assistance.
The matter has reached the Supreme Court via Gujarat High Court. The High Court justified the decision of the Ahmedabad Family Court, in which after divorce, Rashidbhai Qureshi was asked to give a permanent alimony of Rs 10 lakh to his ex -wife Asma Banu. In this decision given in 2019, the Family Court accepted the wife’s petition and called the Nikah in 2009 canceled. Along with this, there was a lump sum and permanent alimony.
In the High Court, it was argued on behalf of the husband that the law allows the Muslim wife to file an application of CRPC 125 with only the magistrate for alimony. The husband also has to make this payment only for the period of Iddat (3 months). The husband claimed this based on the Muslim Women’s (Protection of Rights on Divors) Act, 1986.
Husband praise Rashidbhai’s lawyers also said that if the wife is not capable of any income, then there is a provision of monthly living amount till she is married again. In such a situation, it was wrong to fix the outright survival amount from the Family Court. The High Court rejected these arguments.
In the judgment given in 2020, the then Judge of the High Court Justice JB Pardiwala (now the Supreme Court judge) said that the Muslim marriage of 1939 gives Muslim women the right to go to the civil court to revoke the marriage. The Family Courts Act of 1984 gives the family the power to fix the permanent maintenance amount in the case of a legal marriage case. In such a situation, the order of the Family Court is right. The High Court also said that the husband has to pay a lump sum amount of money at once. It has no relationship with the woman to marry or not.
Hearing the petition of the husband who reached the Supreme Court against the decision of the High Court, a bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra has appointed 2 senior lawyers as Amicus Curies. The court has asked the two senior lawyers to submit written arguments, saying the next hearing on 15 April.
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