False allegation
Querist :
Anonymous
(Querist) 04 December 2011
This query is : Resolved
Hi Everyone,
I'm Asghar and I got married 2 years back and I've a daughter who is one year old now. My wife has applied for Qula (Devorce) in local Jamat (Mosque). She has made false allegation that I've illegal relationship with my sister-in-law (Brother's wife); however, she doesn't have any evidance for this and the jamat dint ask for any evidance when the discussion happened in jamat. As per islamic law she should provide 4 evidance for her allegation. My question here is, she can get the qula (Devorce) from me; however, can she claim any almony from me after Qula (Devorce)
Devajyoti Barman
(Expert) 04 December 2011
Yes she would be entitled for maintenance under section 125 crpc or under Muslim Dissolution Act, but not under both the provisions.
V R SHROFF
(Expert) 05 December 2011
NO.
She is not entitled for ANY MAINTENANCE FROM YOU u/s 125 Cr.P.C. , NOR there is any provision under Muslim Dissolution Act TO PAY ANYTHING EXCEPT TO BE paid to her within the iddat period.
Devajyoti Barman
(Expert) 05 December 2011
Dear Mr Shroff, it is established long time back by catena of decisions that Muslim woman is entitled to maintenance beyond the iddat period u/s 125 crpc.
Rajeev Kumar
(Expert) 05 December 2011
I agree with the view of Barman
prabhakar singh
(Expert) 05 December 2011
NO.......No......No Mr. V R SHROFF Mr.Barman
is right.
V R SHROFF
(Expert) 05 December 2011
Respected Experts:
Shri P Singh, Shri Rajeev & Sri Barman.
The cause of living separately, is a false Allegation that "I've illegal relationship with my sister-in-law (Brother's wife); however, she doesn't have any evidance for this"
A Muslim wife residing separately without any just or sufficient cause.
The husband never neglected or refused to maintain her.
I fail to understand :
why divorce be allowed to wife on her prayer?
Why court should allow her any maintenance / alimony?
as no cause aroused.
Muslim divorced wife can claim from their
Shonee Kapoor
(Expert) 06 December 2011
Divorce may not be allowed to her under this provision, but that doesnot dis entitle her from getting maintenance and mehar which is due to her.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 06 December 2011
In this particular case,
A Muslim wife residing separately without any just or sufficient cause.
The husband never neglected or refused to maintain her.
On what ground she is entitled to any maintenance,
Plain reading of sec 125 cr.p.c
" If any person having sufficient means neglects or refuses to maintain his wife"
In this particular case, there is no neglect or refusal on the part of husband. It is wife who made wild & false allegation against husband.
In view of the provisions contained in sections 3 & 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 the application for maintenance of a divorced wife under section 125 of the Criminal Procedure Code is not maintainable.
If she succeeds, any Muslim wife will go for false allegation, get divorce and also get maintenance, and all such husband will have to go on paying without any fault on their part.
Pl Experts, Let me know your logic in allowing her Alimony or maintenance in this particular case,
With any supporting citation.
According to me : In this particular case of false allegation, and the FACTS OF THE CASE “WIFE IS NOT ENTITLED TO EITHER DIVORCE , OR ANY ALIMONY/ MAINTENANCE U/S 125.”
IF SHE GET, THE ENTIRE OBJECTIBVE OF SEC 125 IS DEFEATD. & it will increase the divorce by Muslim women in India.
Shonee Kapoor
(Expert) 06 December 2011
Dear Shroff Sir,
You must have known about interim award which gets fixed on affidavit alone and merits are not seen at that time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
