The Bombay High Court (BHC), in an appeal filed against the order of maintenance (Mahr), passed by the sessions court, granted to a muslim woman, who subsequently got remarried after the divorce, has held that “a divorced woman is entitled to a reasonable and fair provision and maintenance regardless of her remarriage.” The BHC further held that, Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, dealing with grant of Mahr, does not absolve the husband of his duty to pay Mahr after the remarriage of the former-wife.
