Dharmesh Manjeshwar (Advocate/Lawyer) 11 November 2010
Can a muslim women who has filed for divorce under the dissolution of muslim marriage act on grounds that (i) that the husband has neglected or has failed to provide for her maintenance for a period of two years and (ii) that the husband treats her with cruelty claim for maintenance in the same petition filed by her before Family Court ?
or does she have to file separate proceedings u/s - 125 of the Cr.P.C.
Saurabh..V (Law Consultant) 11 November 2010
Dear Dharmesh,
Seperate petition for each cause has to be filed.
In case a petition for divorce has already been filed and the woman has not requested maintenance then she has to file a seperate application. But if the woman has prayed for divorce as well as maintenance then there is no need for seperate application.
Section 125 Cr.P.C is available to a woman provided that she has not taken an order of maintenance under any other Act or statute.
Y ARAVIND (ADVOCATE) 14 December 2010
Even after divorce also a muslim women is entitled for maintenance till she remarries.
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