Tarif Rashidbhai Qureshi vs Asmabanu D/O Alimohmmad Idarbhai … on 19 March, 2020 – Case Summary
In the case of Tarif Rashidbhai Qureshi vs Asmabanu D/O Alimohmmad Idarbhai, the Gujarat High Court delivered a judgment on 19th March 2020. The case was presided over by the Honourable Mr. Justice J.B.Pardiwala and Honourable Mr. Justice Vireshkumar B. Mayani. The case was an appeal under Section 19 of the Family Courts Act, 1984, brought forth by the original defendant (husband) against the judgment and decree passed by the Principal Judge, Family Court, Ahmedabad.
The plaintiff, Asmabanu D/O Alimohmmad Idarbhai, had married the defendant, Tarif Rashidbhai Qureshi, on 13th June 2009 following Muslim rites and customs. However, the plaintiff alleged that she was subjected to physical cruelty by the defendant and his family members, leading to the birth of a stillborn child. The plaintiff also claimed that the defendant began harassing her soon after their marriage, which eventually led her to leave her matrimonial home and return to her parental home.
The plaintiff had previously lodged an FIR for the offence punishable under Section 498A of the Indian Penal Code. She also filed an application under Section 125 of the Criminal Procedure Code seeking maintenance in the Family Court at Ahmedabad. The Family Court awarded her a monthly maintenance of Rs.2000/-, but the defendant failed to comply with the order. The plaintiff later filed an application under the provisions of the Protection of Women from Domestic Violence Act, 2005, and a private complaint under Sections 403, 406, and 420 of the Indian Penal Code.
The plaintiff eventually filed the Family Suit No.257 of 2017 for the dissolution of marriage on the grounds of cruelty and sought appropriate permanent alimony. The Family Court passed an order directing the defendant to pay Rs.10,000/- to the plaintiff towards interim alimony. However, this order was challenged by the defendant and was eventually quashed by the learned Single Judge of the Gujarat High Court.
The Family Court framed several issues for deciding the Family Suit, including whether the defendant had neglected or failed to provide maintenance for a period of two years, whether the defendant had failed to perform his marital obligations for a period of three years, and whether the defendant had treated the plaintiff with cruelty. The court found in the affirmative for these issues.
The Family Court awarded Rs.10,00,000/- in favour of the wife towards lump sum permanent alimony for her maintenance. The defendant, dissatisfied with the judgment and decree passed by the Family Court, appealed to the Gujarat High Court. The appeal was confined only to the part of the decree awarding permanent alimony to the wife. The defendant’s counsel argued that the order passed by the Family Court awarding permanent alimony to the wife was without jurisdiction. They contended that the liability of the husband to pay maintenance to a divorced wife ceases the moment the Iddat period gets over. The counsel also argued that the reliance placed by the Family Court on the decision of the Supreme Court in the case of Danial Latifi & Anr. vs. Union of India was misplaced. The appeal is currently pending before the Gujarat High Court.