Optional Grouping: Maintenance and Remarriage

Reconciliation during divorce proceedings under Hindu Marriage Law

In all family law cases, Courts encourage an attempt for reconciliation between the spouses.

Consequence of Reconciliation

After reconciliation happens, either:

  • You and your spouse can get back together and continue your marital relationship, or
  • You and your spouse can decide to end the marriage peacefully and divorce each other.

There are three kinds of reconciliation methods in India:

Mediation

  • Mediation is a process of resolving conflicts by identifying their causes and then making a strategy to address them. This is done by a mediator who is a person either appointed by the Court during the divorce proceedings or is assigned from a Mediation Centre which is located near the Court.

Conciliation

  • In Conciliation, a person known as the conciliator is appointed.  His role is to persuade the parties to arrive at a solution suggested by him during the course of the discussions.

Counsellor in Family Courts

  • A counsellor is a person whose job is to provide advice, help, or encouragement to solve problems during divorce and other family matters. A counsellor is a person appointed by a Family Court to find out:
  • The reason why or if you and your spouse are incompatible for each other.
  • Whether the incompatibility can be fixed by any psychological or psychiatric assistance from doctors.
  • Whether you and your spouse are under the influence of anybody else to divorce each other.
  • Whether you and your spouse are taking free and independent decisions regarding the divorce.

 

Iddat After Divorce in Muslim Marriages

The Iddat period after divorce in a Muslim marriage is a period of time where the wife is not allowed to marry anyone else or have sexual intercourse with anyone. Only women have to follow the Iddat period under the Muslim Law.

If you have been divorced by your husband then the Iddat period is:

  • Three months from the date your husband says the word ‘talaq’.
  • If you are pregnant during this iddat period, then until the date of delivery.

Your husband can always change his mind during the iddat period and take back his talaq, after which, you will be a married couple again.

Re-marriage after Divorce under Hindu Marriage Law

If you want to remarry, you have to wait for 90 days from the date of the Court’s final order, so that your spouse has time to ‘appeal’ against the Court’s decision.

Under the law, you can remarry right after getting the decree of divorce when:

  • The spouse who is unhappy with the decision of the Court has already appealed the decree of divorce, and the Court has dismissed that appeal.
  • There is no right of appeal against the decree of divorce.
  • Where you and your spouse have settled all issues regarding the divorce such as children, property etc. and both of you have decided not to file any more cases.

Please consult a lawyer for this.

Mehr/Dower in a Muslim Marriage

During a Muslim marriage ceremony, a sum of money or property will be decided to be paid to you by your husband, known as mehr or dower. Traditionally mehr is understood as an amount reserved for the wife for when she needs it the most, that is either after divorce or death of the husband.

Even if no specific amount is fixed at the time of the marriage, legally you have a right to mehr. It can either be paid in full at the time of marriage or in parts, i.e. half at the time of marriage and the rest upon divorce or death of your husband.

Once your divorce is final, and your iddat period has been completed, if you haven’t received your mehr amount from your husband then your husband has to give it to you.

Maintenance or Alimony in Hindu Marriages

You can get a specific amount of money based on a Court order from your spouse. This can happen only if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony.

The Hindu divorce law on maintenance is gender-neutral. This means that an application for temporary or permanent maintenance can be filed either by the husband or wife.

Temporary Maintenance

During the course of the divorce proceedings, if you do not have independent income to support yourself and/or your children or to pay the necessary legal costs of the case, you can apply to the Court to direct your spouse to pay you a sum of money as maintenance. The Court will set a reasonable amount, which has to be paid monthly, as temporary maintenance after considering the income and paying capacity of the other spouse.

Permanent Maintenance or Alimony

Along with your divorce case, you can make an application to the Court for permanent maintenance to be paid by your spouse either monthly, periodically or in lump sum.

The Court can order such amount to be paid as maintenance keeping in mind the lifestyle that you enjoyed in your matrimonial home and considering the income and paying capacity of your spouse.

This amount can even be modified at a later date if either of your circumstances have changed. For instance, an increase in educational expenses for children, an increase in salary or standard of living of the paying spouse, etc. could result in an increase in the maintenance amount.

If you are getting maintenance monthly or periodically, then you will get it only till you remarry. It can even be revoked if you do not remain chaste (in case of a wife) or have sexual relations with another woman (in case of a husband).

It is important to note that permanent alimony cannot be granted to you if the main petition requesting a divorce, judicial separation, etc. under Hindu law has been dismissed or withdrawn.

Maintenance for Woman under Muslim Marriage Law

Under Muslim Marriage law, maintenance is paid by your husband to you and your children after the divorce has taken place. You do not have to pay maintenance to your husband as under Muslim law, only a man has to pay and take care of the woman after the divorce.

You can go to the Court to ask your husband to pay you maintenance. Courts determine the sum of maintenance based on the financial capacities of the husband.

Maintenance for Wife

In Muslim law, you have a right to get maintenance from your husband till:

  • Your Iddat period for divorce is over.
  • After your iddat period until you remarry.
  • You can also ask for more maintenance if the amount you are receiving is insufficient based on circumstances.

You cannot get maintenance from your husband if he has died. However, you have options of getting maintenance from:

  • Any relatives who may inherit your wealth and property.
  • Your children.
  • Your parents.
  • State Wakf Board.

Along with your maintenance, you are entitled to get the mehr amount mentioned in your nikahnama. This mehr is given either on divorce or on death of your husband.

Remarrying Your Divorced Wife in Muslim Marriage Law

If your husband wants to remarry you after a divorce then also you have to observe a period of iddat, which is different from the iddat time period if your husband dies. In a situation where your husband wants to marry you again after divorcing you, then he has to wait till the following happens:

  • You have to follow the iddat period.
  • After the iddat period is over, you have to marry another man.
  • You and the other man have to live together and consummate the marriage. As per the law, your marriage is considered to be consummated when you have sexual intercourse with your husband.
  • The other man has to divorce you.
  • You have to follow the iddat period after a divorce.
  • After the iddat period is over, you can remarry your husband again.

Remarriage under Muslim Marriage Law

For Men

  • If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
  • If you want to remarry your wife after divorcing her you have to follow certain procedures.

For Women

  • If your husband has died or you are no longer married to him through valid procedures of divorce and you want to marry another man then you have to follow certain conditions:

Iddat

  • The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.
  • It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone.
  • When your husband dies, you will have to observe an iddat period of four months and ten days from the date of your husband’s death.
  • When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’. If you are pregnant during this iddat period, then until the date of delivery.

If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.