Last Updated on August 6, 2024 by NewsDesk SLC
In a recently-passed judgment, which may revolutionise the trial of post-divorce property claim, the Karnataka High Court observed that a divorced wife can approach a family court for a share in the property inherited by her former husband. On the same note, this ruling not only empowers family courts but also enhances the rights of females post marriage over properties.
The case was in regard to an ex-husband who sought a reversal of the decision by a family court which granted his divorced wife a 25% share in his property as agreed on during the divorce process. Both Justices Krishna S Dixit and Vijaykumar A Patil dismissed the appeal partly due to the jurisdiction of the family court in relation to the matrimonial causes in accordance with Section 7 of the Family Court Act.
Notably, the judge dismissed the argument commonly used in Islamic law that prohibits property division in cases of ‘khula’(a divorce initiated by the wife). The judges explained that although the divorce was of ‘khula’ nature it also had elements of ‘mubara’at’ (Mutual consent divorce) which provided more flexibility as to terms of divorce. This aspect of the judgment correctly ties the Islamic personal law to the constitutional goals of equality and predetermines a progressive course of action.
The judgment also used the citation of UN Convention on the Elimination of All Forms of Discrimination against Women. The court underlined that these conventions had to be used when defining the domestic personal laws that will help to develop a more equitable approach to the marital property rights
Thus, the High Court, in its decision to support the family court in the above case, has paved way for the family courts to deal with property related issues in cases of dissolution of marriage. It implies that family courts can now handle issues to do with property that has been divided under the divorce settlement.
Furthermore, the court also assessed a penalty of Rs. 10,000 on the appellant for exemplary costs for attempting to delay and unnecessarily appeal the terms of divorce. This ruling not only supports the rights of divorced women on their share of marital property but also consolidates the rules of claims through recognition of such cases being handled by the family courts.
Case Law: Bashirahmed vs Surayya.
Written By: Amit Kumar Patra
