Rights of wife

Guest (Querist) 05 August 2012 This query is : Resolved
A muslim wife has certain rights like maintenance. She wants to file a petition for divorce but without seeking those rights in that petition She also does not want to forgo those rights. The question is

1, Can a Divorce petition be filed by a muslim wife keeping all her rights open, which can be exercised later on, if need be?

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Devajyoti Barman (Expert) 05 August 2012
Yes she can file petition for maintenance u/s 125 crpc subsequent to getting her divorce.

Advocate M.Bhadra (Expert) 05 August 2012
Criminal Procedure Code are common for all religion, so Muslim wife can claim maintenance u/sec.125 of the said Act.

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