Muslim husband cannot escape maintenance, rules K’taka High Court

13

Bengaluru, Oct 20 | In a major decision, the Karnataka High Court has held that though marriage is a contract in Islam and not a sacrament, the husband cannot get away from his responsibilities of giving maintenance to his former wife.

A bench, headed by Justice Krishna S. Dixit, gave the ruling on October 7, rejecting Ezazur Rehman’s petition questioning the family court order to provide monthly maintenance of Rs 3,000 to his divorced wife.

The bench had observed that Muslim marriage is a contract, and a couple enter into wedlock according to the agreement between two families. In case of divorce, the husband will not get away from his responsibilities, and the matter will not end by just giving ‘Mehr’.

It (the marriage) creates certain justifiable responsibilities on male partner, and the wife, who will have no income and faces financial distress, needs compensation, the court observed.

It also cited the Quran and Hadis (Islamic tradition) which say that if the wife is not going to be married or helpless, compensation should be given.

The bench had rejected the argument of the husband that since he had already given Mehr at the time of wedding, it is not possible for him to give compensation now. He had also argued that he needs to look after the expenses of his second wife and their children.

Terming the argument against morality, it slapped a Rs 25,000 fine and ordered that it should be given to his divorced wife.

Rehman had married Sayira Banu in 1991. After nine months, he had given her Rs 5,000 as Mehr and divorced her.

In 2002, she had filed a civil petition seeking compensation from her former husband. The family court had, in 2011, ordered Rehman to give Rs 3,000 every month as maintenance to his divorced wife. He had then appealed in the High Court.

Source: IANS

Next Story

Does MBA really help in getting a better job offer ?

Does MBA really help in getting a better job offer ?

Most students pursuing an MBA come with the sole objective of having a decent job offer or a promotion in the existing job soon after completion of the MBA. And most of them take loans to pursue this career dream. According to a recent survey by education portal Campusutra.com  74% MBA 2022-24 aspirants said they would opt for education loans.

There are exceptional cases like those seeking master’s degree or may have a family business to take care of or an entrepreneurial venture in mind. But the exception cases are barely 1%. For the rest 99%, a management degree is a ticket to a dream job through campus placements or leap towards career enhancements. Stakes are high as many of them quit their jobs which essentially means loss of 2 years of income, apprehension and uncertainty of the job market. On top of that, the pressure to pay back the education loans. Hence the returns have to be high. There is more than just the management degree. Colleges need to ensure that they offer quality management education which enables them to be prepared for not just the demands of recruiters and for a decent job but also to sustain and achieve, all along their career path.

  • So, what exactly are the B Schools doing to prepare their students for the job market and make them industry ready ?
  •  Are B schools ready to deliver and prepare the future business leaders to cope up with the disrupted market ?  

These are the two key questions every MBA aspirant needs to ask, check and validate before filling the MBA application forms of management institutes. And worth mentioning that these application forms do not come cheap. An MBA aspirant who may have shortlisted 5 B Schools to apply for, may end up spending Rs 10,000.00 to Rs 15,000.00 just buying MBA / PGDM application forms.

While internship and placements data of some management institutes clearly indicates that recruiters today have specific demands. The skill sets looked for are job centric and industry oriented. MBA schools which have adopted new models of delivery and technology, redesigned their courses, built an effective evaluation process and prepared the students to cope with the dynamic business scenario, have done great with campus placements despite the economic slow down.

However, the skill set being looked for by a consulting company like Deloitte or KPMG may be quite different from FMCG or a manufacturing sector. Institutes need to acknowledge this fact and act accordingly.

  • Management institutes should ensure that students are intellectually engaged, self motivated and adapt to changes fast. In one word ‘VUCA ready’.
  • B Schools should encourage students to participate in national and international competitive events, simulations of business scenarios.
  • Institutes should have the right mix of faculty members with industry exposure and pure academics.

The placement records of 2021 across top management institutes indicated the fact that recruitment is happening, skilled talent is in demand and certain management institutions continued to attract recruiters even in the middle of an ongoing crisis.

It is time, all management institutes rise to the occasion, understand market realities and identify areas of improvement at both ends – students and faculty.

After all, the stakes are high at both ends. B Schools taking corrective measures will stay while those which are lagging will end up shutting down.

Author Name : Nirmalya Pal

LEAVE A REPLY

Please enter your comment!
Please enter your name here