Maintenace related query (125)
Ali
(Querist) 22 January 2013
This query is : Resolved
Dear All,
My wife filed a false case against on me which having many section like 498a,attempt to murder,Maintenace and many more.
I need a suggestion to all of you that being a muslim and as per Muslim Law (Mohammedan law) do ex husbend have to pay there mantinance?
Please advise..
Regards,
ajay sethi
(Expert) 22 January 2013
yes husband is liable to pay his wife maintenance .
Ali
(Querist) 22 January 2013
Thanks for your response Ajay Sir,
But my question is here that till the iddat(3months) husbend is liable to pay, but after he is not supposed to per as per Muslim Law? Can you please confirm sir
M.Sheik Mohammed Ali
(Expert) 22 January 2013
yes. if she is take steps as per indian law, you face the case as per indian law.
Ali
(Querist) 22 January 2013
Thanks for your reply Ali Sir,
But being a muslim we need to follow our Muslim Law, not indian law?
Devajyoti Barman
(Expert) 23 January 2013
Indian law of maintenance is same for all regions.
It is established many years back the the muslims need to provide maintenance beyond iddat period.
V R SHROFF
(Expert) 23 January 2013
Muslim man has to maintain divorced wife till she remarries: Delhi HC
Published: Friday, Aug 13, 2010, 17:43 IST
Place: Bangalore | Agency: PTI
A Muslim man is bound to maintain his divorced wife and minor children till she gets remarried, the 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 which is 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.
"Petition under Section 125 CrPC (pertaining to award of maintenance) would be maintainable (for the wife) before Family courts so long as she does not remarry and the amount of maintenance to be awarded under the Act cannot be restricted for Iddat period only," the court said while referring to a Supreme Court judgment.
It further said that the husband owes responsibility to maintain not only his ex-wife but also the minor children living with her.
The court passed the order while dismissing a petition filed by a man challenging a lower court's award of maintenance of Rs2,000 per month to his minor daughter living separately with her mother.
Brushing aside the man's contention that the right to get maintenance for the minor children ceases after two years of divorce as provided in personal law, the court said that the sustenance right cannot be restricted unless the divorcee gets remarried.
"I consider that this contention is 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.
"I consider that 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 Dhingra said.
Raj Kumar Makkad
(Expert) 25 January 2013
Shroff has touched every aspect of the query hence I d endorse the same.
ashok kumar singh
(Expert) 27 January 2013
yes, maintenance applicable, it can not barred by any personal law.
