Johannesburg Court: Maintenance for Muslim Wife After Talaq
Johannesburg News Today | 2 Min News | The Daily News Now! · The Daily News Now!
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Johannesburg High Court Rules: Muslim Woman Can Claim Maintenance After Talaq Divorce
In a significant ruling, the Johannesburg High Court has decided that a woman in a Muslim marriage can seek interim maintenance from her husband even after he issues a talaq divorce under Islamic law. The couple, who married under Sharia in 2020, continued living together despite the husbands talaq divorces in 2021, with their daughter born in November 2021. The courts decision was influenced by a key Constitutional Court ruling from June 2022, which emphasized the need to protect women and children in Muslim marriages. The full bench of judges overturned an earlier denial, stating that the amended Divorce Act covers all Muslim marriages after December 15, 2014, regardless of religious divorce. This decision aims to fill gaps in the old system, ensuring fair support during divorce proceedings regardless of who acts first.
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