It is for the first time that an Indian court has made such an order.

The Vadakara Judicial First Class Magistrate here has ordered a medical practitioner to pay alimony of Rs.36,45,000 to his former wife, a Malaysian national who he divorced according to the Muslim law (triple talaq) in February 2012.

Magistrate M. Subaib on Thursday directed C.T.V. Ismail (46) of Puthuppanam in Kannur district, to pay the alimony under Section 3 a (reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband) of the Muslim Women (Protection of Rights on Divorce) Act.

Dr. Ismail is an assistant surgeon in Kannur. He had pursued his studies in Malaysia and had married Amina Bindi (36) at Kuttiyadi here on August 28, 2002, as per Muslim Shariat laws.

The couple has two sons. But Dr. Ismail ended their marriage by divorcing her on February 8, 2012.

Power of attorney

Subsequently, the woman, a permanent resident of Malaysia, approached the Magistrate court seeking Rs.1 crore alimony from her former husband.

Her father’s brother K.P. Kungamed was given the power of attorney to fight the case.

Abdulla Manapurathu, counsel for the petitioner, said this was the first time in India a foreigner belonging to the Muslim community was being awarded alimony by a court.

In her original petition, Ms. Bindi, had said her father, Ibrahim, was a native of Kuttiyadi and had married a Malaysian woman.

He late obtained citizenship of that country.

He gave his daughter in marriage to Dr. Ismail and also spent a huge amount of money for the latter’s medical education in Malaysia and Russia.

Mr. Manapurathu said as per the Muslim Women (Protection of Rights on Divorce) Act, a Muslim woman who had married according to the Muslim law and had been divorced by or had obtained divorce from her husband in accordance with the law could seek maintenance.


Malaysian woman moves court for alimony November 3, 2012

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