The Allahabad High Court has set aside a Prayagraj family court order denying maintenance to a woman from her second husband because she remarried before her first husband's talaq was declared valid by a court. Justice Madan Pal Singh's single bench ruled that under Mohammedan Law, talaq takes effect from the date of pronouncement.
The Allahabad High Court has quashed a May 27, 2025, order by the Prayagraj family court that denied maintenance to Humaiyra Riyaz from her second husband, Mohammad Daud, while granting it to their two minor sons.
Humaiyra first married Abdul Waheed Ansari in February 2002. He pronounced talaq on February 27, 2005, which the family court declared valid on January 8, 2013. After observing iddat, she married Daud on May 27, 2012, and they have two sons.
Daud, a central government employee with a substantial salary, refused maintenance. His counsel argued the first marriage subsisted until the 2013 decree and iddat was not properly observed. Humaiyra's counsel countered that Daud knew of the talaq and acknowledged paternity of the sons.
Justice Madan Pal Singh observed, “Under Mohammedan Law, when a husband pronounces talaq, the divorce takes effect from the date on which the talaq is pronounced... The decree is declaratory in nature.” The bench remanded the case to the family court for fresh consideration within six months.
