Karnataka High Court Said – Marriage Is Not A Ritual In Islam

Karnataka High Court said- Marriage is not a ritual like Hinduism in Islam, but the wife will have to pay alimony.

The Karnataka High Court has observed that Muslim marriage is a contract, which has many meanings, it is not a sacrament like Hindu marriage.

Certain rights and obligations arising out of its abolition cannot be withdrawn.

The matter pertains to a petition by 52-year-old Ejazur Rahman in Bhuvaneshwari Nagar, Bengaluru, seeking quashing of the order of the First Additional Chief Justice of a family court in Bengaluru dated August 12, 2011.

Rehman married second after divorce.

Rahman had divorced his wife Saira Banu on November 25, 1991, calling  ‘talaq’, a few months after his marriage with ‘Mehar’ of five thousand rupees.

After this divorce, Rahman had a second marriage, by which he became the father of a child. Bano then filed a civil suit on August 24, 2002, seeking maintenance.

The family court had ordered that the plaintiff (Saira Banu) be entitled to monthly maintenance at the rate of Rs 5000.

Muslim marriage is not a sacrament.

Justice Krishna S. Dismissing the petition with a fine of Rs 25,000, Dixit in his order on October 7 said, “Nikah is a contract which has many meanings, it is not a sacrament like a Hindu marriage” this is true.’

Justice Dixit elaborated that Muslim marriage is not a sacrament and cannot be run away from certain obligations and rights that arise after its termination.

“Even after the marriage bond is broken through a divorce, in fact, all the obligations and duties of the parties are not completely abated,” the bench said.

Divorce does not end obligations.

The High Court said that among Muslims, marriage takes place with a contract and it eventually attains the status which is usually followed in other communities.

This situation gives rise to some justifiable obligations. They are obligations born out of the contract. The court said that new obligations may also arise under the law.

One of them is the circumstantial duty of a person to pay maintenance to his ex-wife who has become destitute due to divorce.

The moral and religious duty of a true Muslim is to pay maintenance.

Justice Dixit cited verses of Surah Al-Baqarah in the Quran to say that it is the moral and religious duty of a true Muslim to provide maintenance to his destitute ex-wife.

The court said that a Muslim ex-wife is entitled to maintenance subject to fulfillment of certain conditions and this is indisputable.

Justice Dixit also observed that the ‘mehar’ is decided insufficiently and the bride’s side does not have equal bargaining power due to economic and sexuality considerations.