Dvc, 125
Guest
(Querist) 16 October 2015
This query is : Resolved
DVC partly accepted and high maintenance awarded to daughter only, for her nothing. Then I filed in district court to reduce the maintenance to daughter and got interm which is little less and I am paying it. she also filed as she is not getting any thing from DV from 2013, which is pending in district court.
Can she file other cases like 125 and any other now also? 498a acquitted in 2013.
Thanks.
ABDUL RAZIQUE
(Expert) 16 October 2015
Yes she can file other cases.
Shonee Kapoor
(Expert) 16 October 2015
Though she can, but unlikely to succeed.
CrPC 125 and DV maintenance run on the same parameters.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Guest
(Querist) 18 October 2015
when judge asked her to live with husband for some more time, she denied stating life threatnig at husbands home, same is missing in her DVC application and accepted that she left home in the absence of husband. As a result no residence order and nothing given to her in DVC.
how long time delay is permitted in filing 125, still DVC running in district court. PL through some light of the validity of her 125 if at all she go for that.
thanking you.
K.S.Srinivas
(Expert) 19 October 2015
Yes. She can petition under section 125 now.
ABDUL RAZIQUE
(Expert) 20 October 2015
there is no time limitation.
As per my knowledge MAINTENANCE under Muslim law.
Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure, 1973 (2 of 1974), right of maintenance extends not only to the wife and dependent children, but also to indigent parents and divorced wives. Claim of the wife, etc., however, depends on the husband having sufficient means. Claim of maintenance for all dependent persons is limited to Rs 500 per month. Inclusion of the right of maintenance under the Code of Criminal Procedure has the great advantage of making the remedy both speedy and cheap. However, divorced wives who have received money payable under the customary personal law are not entitled to maintenance claims under the Code of Criminal Procedure.
Maintenance Under Muslim Law
Under the "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act as "the protection of the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands." The Act makes provision for matters connected therewith or incidental thereto. It is apparent that the Act nowhere stipulates that any of the rights available to the Muslim women at the time of the enactment of the Act, has been abrogated, taken away or abridged. The Act lays down under various sections that distinctively lay out the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of idda and his obligation is not confined to the period of idda.
it further provides that a woman , if not granted maintenance can approach the Wakf board for grant as under section (b)which states that If she fails to get maintenance from her husband, she can claim it from relatives failing which, from the Waqf Board.
An application of divorced wife under Section 3(2) can be disposed of under the provisions of Sections 125 to 128, Cr. P.c. if the parties so desire. There is no provision in the Act which nullifies orders passed under section 125, Cr. P.c. The Act also does not take away any vested right of the Muslim woman.
All obligations of maintenance however end with her remarriage and no claims for maintenance can be entertained afterwards. The Act thus secures to a divorced Muslim woman sufficient means of livelihood so that she is not thrown on the street without a roof over her head and without any means of sustaining herself.
Protection to Divorced Women Sub-section (1) of Section 3 lays down that a divorced Muslim woman is entitled to:
(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;
(b) where she herself maintains the children born to her before or after the divorce.
I hope you have understand after study above material.
