Maintenances
Nelofar
(Querist) 18 May 2012
This query is : Resolved
Sir,
Muslim lady after getting Divorce from her husband that too when husband has unilaterally pronounced divorce through a Talaqnama ,which the lady has neither received nor signed. However husband says he has sent it through the Register post.
Now my query is
1) What is credibility of this Talqanama.
2) Is the lady eligible for the maintenance from her Husband.As my lawyer has said if Divorce gets proved in Court then I am not eligible for maintenance as we are governed by Muslim Law.Please clear me i am in confusion as I am a housewife.
3)What else i can claim from him.
Please advise
ajay sethi
(Expert) 18 May 2012
Muslim divorcee has right to maintenance till she remarries: HC
AGENCIES Aug 14, 2010, 03.04am IST
NEW DELHI: A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, Delhi High Court has said.
The court said that irrespective of Muslim personal laws, under which the husband is bound to maintain his wife only during Iddat period (around three months after divorce), the wife is entitled for maintenance under Criminal Procedure Code till she remarries.
It is crystal clear that even a Muslim divorced woman would be entitled to claim maintenance from a Muslim husband till she has not married (again). This being a beneficial piece of legislation(CrPC), the benefit must accrue to the divorced Muslim women," the court said, referring to an SC judgment. Dismissing the petition filed by a man challenging a lower court's decree that he pay Rs 2,000 a month to his minor daughter living with her mother, the court said the husband owed responsibility to maintain not only his ex-wife but also the children living with her.
The court dismissed the man's contention that the right to get maintenance for minor children ceases after two years of divorce as provided in personal law.
"I consider this contention baseless. Even a wife who has been divorced under Muslim Law is entitled to claim maintenance under the Criminal Procedure Code after the Iddat period... the benefit cannot be denied to a minor daughter because of any restrictive provision contained in Muslim Women (Protection of Rights on Divorce) Act, 1986," Justice S N Dhingra said
Shonee Kapoor
(Expert) 18 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 18 May 2012
Dear Nelofar
section 125 is more then Muslim law for maintenance for women, you can claim maintenance from your husband till remarry.
recently in the Shahbano Case SC held it.
feel free to call
SAINATH DEVALLA
(Expert) 19 May 2012
Man sends talaqnama by post to wife, court says no:
Asks Faraskhana police to ensure he gives shelter to his wife and their 3 kids.
The court has refused to accept the talaqnama sent by post by a man to his wife because she had attended the funeral of her sister without his permission. The court, in its interim order, has directed the Faraskhana police to ensure that the man gives shelter to the woman and their three children till the domestic violence complaint filed by her is decided.
Ashfaq Qureshi (55) (name changed), a resident of Ganesh Peth who works as goldsmith, sent the talaqnama to his wife Shabnam (43) (name changed) and denied her and their children entry into their house. On January 4, Shabnam’s elder sister died in Kolkata and Shabnam wanted to go there. But Qureshi refused to give her permission and even abused and beat her when she insisted. However, Shabnam took a flight to Kolkata. Even as she was yet to over come the grief of her sister’s death, she received a talaqnama sent by Qureshi by post.
When she returned to Pune, her husband told her that by sending the talaqnama he had divorced her and that there was no relation between him and her or their children. Shabnam and the children became homeless as he refused to allow them to stay with him following which they had to seek shelter with their relatives.
Shabnam then filed a complaint, through her lawyer Afroz Shaikh, under the Protection of Women from Domestic Violence Act 2005. She also moved the court seeking interim relief of Rs 30,000 per month as maintenance amount. Advocate Shaikh told the court that according to a judgment of the Supreme Court, if a person wants to divorce his or her spouse, they should follow the proper way and do it in the presence of Muslim spiritual leaders. Qureshi told the court that he is ready to accommodate the children but not Shabnam.
After hearing both sides, judicial magistrate first class S B Deore ordered Qureshi to accommodate Shabnam and the children in his house and directed the in-charge of Faraskhana police station and protection officer for implementation of the order.
Nelofar
(Querist) 20 May 2012
Respected Sainath Devalla & Others.
Kindly share with me such Judgement of DV act as I too want to live with my Husband & similarly the Judgments regarding Maintenance.
