Please help me
Mustafa Bhat
(Querist) 05 July 2013
This query is : Resolved
Respected Sir,
I got married in 2007,but my husband & in laws always use to criticize me & were demanding different articles indirectly from me.
In i became pregnant &in 2010 i gave a birth to baby boy & my husband took me to our house for short period of two & three days for 5 to 6 times & i was mostly at my parental house after the birth of baby.
In jan 2012 my husband sent divorce to me for no fault of mine through registered post,which i refused to accept,then some elders from our family tried to settle the issues as i & my family want to restore materimonial ties,but he was adamant on divorce,moreover he has written in the divorce deed i am having mental aliments before marriage & after marriage also & also i tried to commit suicide.Which is total wrong as i dont have any mental aliment.
Finally we lodged an FIR against him & his family for 498A & also filed maintences petition in court,the fir has culminated into challan & has been submitted to court ,they also recovered some of my belongs from inlaws while as for gold is considered they have not recovered even though my gold is with my inlaws & i have given the list my Gold & other articles with my inlaws.So,please advise what to do.
When i enquired to police about gold they said u didnt gave vochure so we cannot add 406.
Secondly as for as maintences is consider the judge awarded interm maintences of Rs 1500 & Rs 1200 for me & my baby & my advocate says once the divorce gets proved that it was communicated to me then i am not ineligibly for maintenance.Please advise as me are both muslim (sunni),Now Judge has also give us lost opportunity to call our witness.Please advise what to do.
Moreover Can i file defamation suit as he has defamed me by saying she has mental aliments & has jumped through windows in night & has tendency to commit suicide .Please advise& help me as it can help to my Lawyer also.
Also can i file 406 separately now
Raj Kumar Makkad
(Expert) 05 July 2013
Instead of filing defamation suit etc., you need to confine to your cases seriously. You should prepared witnesses so that their evidence mat be got recorded very well on the last opportunity.
It is wrong to opine that your maintenance shall stop after your divorce. You shall get it continue-sly till your re-marriage or till life.
I suggest you to challenge the divorce obtained by your wife, if he pleads it in either of the proceedings.
Mustafa Bhat
(Querist) 05 July 2013
Sir
That is what my lawyer said.Once it is proved divorce has been conveyed to me the maintenances will stop to me as we are governed by Muslim Personal Law.Sir is there any Judgment of J&K High Court or Supreme Court which will help me.
Please clear this "I suggest you to challenge the divorce obtained by your wife, if he pleads it in either of the proceedings"as i am myself the lady.
Moreover please advise me about my belongs which are their in my husband house especially Gold
ajay sethi
(Expert) 05 July 2013
your 498A case will continue your husband is bound to return the gold . you need evidence of having purchased gold and given at the time of marriage . the jeweler bills etc
ajay sethi
(Expert) 05 July 2013
Criminal Petition No. 1296 of 1995 Karim
Abdul Rehman Shaikh Vs. Shehnaz Karim Shaikh & Drs. and Criminal
Revision Application No. 150 of 1998 Rahim Unus Chagla Vs. Mubina
Banu Rahim Shaikh & Anr
The husband's liability to pay maintenance to a divorced wife
ceases the moment Iddat period gets over He has to pay
maintenance to her within the Iddat period for the Iddat period. But
he has to make reasonable and fair provision for her within Iddat
period, which should take care of her for the rest of her life or till
she incurs any disability under the Muslim Women' Act. While
deciding the amount regard will be had to the needs of the divorced
woman, the standard of life enjoyed by her during her marriage and
the means of her former husband and the like circumstances. If the
husband is unable to arrange for such a lumpsum payment he can
ask for instalments and the court shall consider granting him
instalments Till the husband makes the fair and reasonable
provision, the Magistrate may direct monthly payment to be made
to the wife even beyond the iddat period subject to the fixation of
the amount of fair and reasonable provision.
Mustafa Bhat
(Querist) 05 July 2013
Sir
That is what i mean Sir, have to file different suit for getting my belongs as i have the bills of Gold with if not full but some of the bills,or it will be taken care by 498A.Please advise what to do.
Adv Archana Deshmukh
(Expert) 05 July 2013
A muslim woman is entitled to get maintainance even after iddat period till her remarriage u/s. 125 crpc. There is a SC judgment in this regard. Search for that and speak to your lawyer.
Raj Kumar Makkad
(Expert) 05 July 2013
You shall get maintenance under section 125 criminal procedure code as usal.
Mustafa Bhat
(Querist) 05 July 2013
Sir/ Madam
We donot have Crpc 125 in J&K we have Crpc 488 here.
What about my belongs which they kept how will i get them back.
Raj Kumar Makkad
(Expert) 05 July 2013
If you have filed your petition under section 488 under Ranvir Penal code then it is ok otherwise file it.
Sudhir Kumar, Advocate
(Expert) 01 October 2013
you have indicted that there was dowry demand.
no 498a case file?
