Section 4 lays down that notwithstanding anything contained in Section 3, a divorced woman is entitled to file an application for maintenance from her relatives or Wakf Board, if she is not in a position to maintain herself and if she has not been able to obtain any fair and reasonable maintenance from her husband. For the application of Section 4, the following two requirements should be satisfied:
(a) She is not able to maintain herself after the iddat period an application may be made at any time after the iddat period, even after 10 or 20 years, and
(b) She had not remarried after the iddat period.
Image Source: 185.26.182.219
ADVERTISEMENTS:
Some thought that after iddat period, the obligation is only on her relations, and thereafter on the Wakf Board and therefore the husband had no obligation to provide maintenance to her after iddat period. It was overlooked that Section 3 takes care of husband’s obligation.
The husband is required to provide for fair and reasonable provision and maintenance for the divorced wife within iddat period. She may apply for maintenance even after iddat period. She can apply as long as she does not marry.
But, maybe he is too poor, or may be, whatever was provided by him is not enough or has been exhausted, and the wife has been rendered destitute. In such a case she can take recourse to the provisions of Section 4.
ADVERTISEMENTS:
Thus, Parliament contemplated that even if reasonable and fair provision and maintenance is made and paid to the divorced woman within the iddat period, yet she can file an application for maintenance if she is unable to maintain herself from the amount received by her or provision made for her by her husband as required under Section 3(1) (a).
It should be noted that clauses (a) and (b) of sub-section (1) of Section 3 speak of reasonable and fair maintenance. Section 4 contemplates a situation where the divorced woman is not in a position to maintain herself after receiving maintenance in lump sum from her husband or provision which was found to be reasonable and fair at the time of divorce, but is no longer sufficient to maintain her.
In such a case she is entitled to file an application for maintenance and get it from her relatives, such as her children or her parents. If they are not in a position to pay it, then she may claim it from the Wakf Board.
In Tripura Board of Wakf v. Tahera Khatoon the Magistrate directed State Wakf Board to pay maintenance to the divorced woman as it was mentioned on the record that her relations do not have enough means to pay maintenance. Further the court held warrants issued against wakf Board where it did not comply with maintenance order of 17 years to be justified.
ADVERTISEMENTS:
In our submission on reading Section 3 and Section 4 together it is abundantly clear that Parliament wanted to protect fully the divorced woman so that she does not become destitute or is not thrown on the streets without roof over her head and without any means for sustaining herself.