Kerala court asks Muslim man to pay for divorced wife's medical expenses

The court said the medical expenditure of Abbas's ex-wife, Sauda, is still his responsibility irrespective of the divorce.

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Kerala High Court
Kerala High Court (Photo: PTI)

In a landmark ruling, the Kerala High Court on Monday ordered a man to pay his former wife Rs 3.6 lakh compensation for her medical expenses, despite divorcing her 12 years ago.

The court said the medical expenditure of Abbas's ex-wife, Sauda, is still his responsibility irrespective of the divorce. Sauda was divorced in 2004 after 13 years in marriage with Abbas, who is now married for the second time. Sauda, with no source of income for herself, has three children from her marriage with Abbas.

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Sauda's lawyer Vinod Cheriyan told India Today, "This is a landmark judgement. Justice Kamal Pasha has ruled that medical expense should also be paid. The judgement was that the petitioner's needs include medical expenses also. This ruling has far-reaching consequences in the society for poor Muslim women who get divorced without any reason."

Sauda said the verdict will be a lesson for men like Abbas. "No woman should face such a situation in future. This judgement should ensure that. Men like Abbas should have some fear now," she told India Today. Abbas reportedly divorced his wife through oral triple talaq, a practice that is now under severe scrutiny and debate within Muslims.

Following the Kerala High Court verdict, the Muslim Personal Law Board has now promised to study the manner in which the triple talaq is practised. "We are going to take a re-look at the conditions and the rights of our Muslim sisters and daughters," Muslim Personal Law Board's Executive Member Sajjad Nomani said.