Maintenance in muslim law
Ismayeel
(Querist) 13 January 2017
This query is : Resolved
Dear Sir my wife has left my home and staying in her parents house willfully and I filed the RcR and it has decreed to join matrimonal home with in 6 months but she has not joined my family and if she willfully wishes to leave separate and files the divorce is am liable to pay the maintainence to her... According to law of Muslim if wife wills to get separate there is no kind of any responsibility or relationship with the husband so can I know will I be liable to maintain her
BHARTI KOTHARI
(Expert) 14 January 2017
see firt of all you are also goverened by criminal procedure code so your wife in entitiled for maintenence under criminal procedure. though not under your persoanla law. Shah Bano case and various other judgement. but since as you said you got decree for rcr but she is not turning up then that may be criteria for deciding the quantum of maintencne but court can not force even if the decree is passed to stay together as it is of personal nature it is in the form of advisory from court.
Rajendra K Goyal
(Expert) 14 January 2017
Court may award maintenance to wife even if she is not ready to live with husband after RCR.
Kumar Doab
(Expert) 14 January 2017
Agreed with experts.
