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sharmilla ram (general manager)     01 March 2010

maintence for muslim lady

husband salary is 15k and 10k house allowance.first wife filed maint what will be court calculation.he has three more wife but nobody is filling case.can court will consider all three wife right n husband father n mother right.if court will pass 1/3 maint to wife then what about 3wife n father n mother.

if in salary its mention his basic salary is 15k n allowance is 10 k can court will consider full salary is 25k n give judgement.

in gcc most of the company is doing that basic salary is 10k n allowance is 20k coz they r saving money to leave salary etc.can indian court will accept this salary details.



Learning

 3 Replies

Suchitra. S (Advocate)     01 March 2010

The court will take the basic salary for calculating maintenance. And the amount of maintenance is calculated as one sahre to the wife. So, if there are more than one wife, that share of one wife will get divided among the existing wives. If other wives are not asking for maintenance, then also, one wife will get only her share in the total maintenance calculated to "wife".

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 March 2010

I do agree with Suchitra.

sharmilla ram (general manager)     02 March 2010

thanks suchitra for reply.if court will consider allowance is also net salary then what to do.second question can divorce muslim  women go for enhancement of maint.already she is getting maint. any member know any judgement that muslim divorce women has got enhancement of maint.in which section she will get if crpc 127 is applied then in crpc 125 no body can perform second marraige without divorce.so a muslim who having second wife then second marraige will null n void if judge passed order under crpc125 maint.if salary is 10k then how much for divorce wife n how much for existing wife.can get maint. can muslim divorce wife claim property of husband if yes then under which law.is muslim protection bill 1986 is exists or just name sake this law in india..


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