A wealthy Muslim man was dissatisfied with the Supreme Court, which chastised him earlier than dismissing his plea for a reduction in monthly maintenance to his first spouse, whom he had given talaq 12 years earlier, from Rs 15,000 to 10,000 on the bottom that he had to keep his second spouse and children.
Importantly, the landmark Shah Bano decision — which held that, while Muslim males are only required to provide upkeep to their wives during the Iddat interval under Shariat legislation, they are required to provide alimony to the divorced spouse until she remarries under the secular felony procedure code — came to the rescue of the primary spouse.
The person's claim that he only earned Rs 25,000 and that it was difficult for him to pay Rs 15,000 per month to his primary spouse was dismissed by a bench led by Chief Justice N VRamana and Justice A S Bopanna. His lawyer, P R Kovilan Poongkuntran, stated that the primary spouse had no children and shared a home with her parents. "She does not require financial aid from her husband, who has remarried and is responsible for his second wife and children. He appealed, "Please lower the monthly maintenance from Rs 15,000 to Rs 10,000."
"Does the first wife evaporate in thin air after divorce?" an irate bench demanded. "Doesn't she need money to live?" The bench then cited the Madras High Court's decision, which noted that "even from his (petitioner M S Khader Basha's) own admission, it is apparent that the firm in which he is a partner has an annual revenue of Rs 1,48,00,625. However, he claims that the firm's turnover only earns a net income of Rs 3,54,349.
"It is difficult to comprehend that a company with a turnover of Rs 1. 5 crore is only making Rs 3,54,349.," the HC added.
"It is difficult to comprehend that a company with a turnover of Rs 1. 5 crore is only making Rs 3,54,349.," the HC added. So it's understandable that the petitioner has offered some low statistics solely to create the impression that he doesn't have a lot of money."
"No person with just Rs 25,000 as monthly income could cover such significant medical expenses by deciding to get admitted in a premium hospital," the HC stated, pointing out that the man lived a "luxurious life" and had paid bills up to Rs 1 lakh after being treated at a top hospital in the city.
"When you live in luxury, you need to maintain your divorced first wife," the SC observed in dismissing the plea. The sum of Rs 15,000 per month is not insignificant enough for the Supreme Court to intervene. You would be spending considerably more than Rs 15,000 per month if the first wife had stayed with you."
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