MASTHAN (Self employeed) 26 October 2010

maintainence u/s 125 Crpc to a muslim 498A

Hi All,

Just now I received her Crpc 125 petition. In that petition she mentioned all the allegations that she made in the 498A and along with that she made two new statements in this.

1. It is submitted that the respondent has treated the petitioner in most in-human manner and deserted her without any reasonable cause. The respondent has refused to receive her into his fold and provide any maintenance to her. The petitioner is unable to maintain property whatsoever and she is not able to earn for her livelihood. The respondent is liable to maintain the petitioner under law. The respondent has not made any provision for the maintainence of the petitioner. The respondent is working as a teacher and he is drawing a salary of Rs 12000/- PM. The respondent is also owning both movable and immovable properties. The respondent is owning two houses at Dhone town and two housed worth of Rs 10 lacs and he is also getting rent Rs 5000/ - per month

Thus the respondent is having capacity to provide maintainence.

2. It is submitted that the petitioner require amount for her daily necessaties like food, shelter, cloths, medicines etc. The costs of living common man is in present day in the circumstances the petitioner requires a sum of Rs 6000/- per month towards her maintainence.

>>> I am just wondering how come she will claim the immovable property of our two houses which are registetred on my parents name as her husband property ? One more thing is we have not given them for rent, we are staying in those houses.

>>> My brother is with drawing salary Rs 1500/ - PM , we have salary certificate for that. My brother is physically challenged we have doctor certificate. My brother total salary per anum is Rs 15000/- out of which he is paying Rs 3000/- towards LIC , we have certificates for this also. So my brother total salary is Rs 12000/- Per Anum and net take home is Rs 1000/- per month

>>> She is well qualified , she has MA, HPT (Hindi Pandit Training) degree. I have her hall tickets through which I can prove this.

Do we need to worry anything in this now ?

Thanks,

Masthan

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8 Replies

M. A. Khan (advocate) 26 October 2010

Yes you pronounce divorce to her or not. She can claim maintenace only if she is still ur wife. Otherwise she will have to file case under Muslim woman Act. If you have not divorce her, better to ask her to joint metrimonial home. So long as u r ready to maintain her if she lives with you, there can not be any reason for seperate maintenace. Case of 498A, i.e. FIR, even if she relies upon fir, it is not concret proof of cruelty, unless u r convicted by competent court. During maintenace proceeding court looks into the financial capacity of wife as well as husbend.

MASTHAN (Self employeed) 26 October 2010

The divorce is in process. She filed 125 Crpc after receving the first notice from the Quazi. We have second sitting in next month and hopefully third sitting in DEC-2010. By end of DEC-2010 we will get the divorce.

gaz (na) 02 November 2010

Khan Sir,

please let me know that can a divorced muslim women who is highly educated and working, who is young and has no children, get the alimony u/s 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986. can you please quote recent judgements. husband has already paid maher and iddat period maintenence at the time of divorce, and also given back all gifts and articles.

your advice will be appreciated.

regards,

xxx

M. A. Khan (advocate) 03 November 2010

She cannot apply for permanent alimony. Kindly go through 2002(Supp.1)JT115, Bilikis begum v/s Majid Ali.

MASTHAN (Self employeed) 09 November 2010

5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974

If on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973, and file such affidavit or declaration in the court hearing the application, the Magistrate shall dispose of such application accordingly.

Explanation,- For the purposes of this section, "date of the first hearing of the application" means the date fixed in the summons for the attendance of the respondent to the application.

MASTHAN (Self employeed) 09 November 2010

Hi All,

1. Can a muslim woment file for maint u/s 125 Crpc while divorce process is in progress?

2. The 125 Crpc order is still valid after getting the divorce?

3. Can one briefly explain the below para from

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986

5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974

Explanation,- For the purposes of this section, "date of the first hearing of the application" means the date fixed in the summons for the attendance of the respondent to the application.

Thanks,

Masthan

raahat (abc) 13 November 2010

Ofcourse a muslim lady can asked maintainance u/s 125 crpc after the divorce.

M. A. Khan (advocate) 13 November 2010

I do not agree with mr. rahat, maintenance petition u/s 125 by divorcee muslim is permissible only if consent of the other side is there. Otherwise it is barred under muslim women act.

Muslim woman can file appln u/s 125 of crpc so long as she is wife. moment divorce is pronounced, sect. 3 of muslim woman act will apply.