Muslim wife maintenance in divorce petition
Niny
(Querist) 17 July 2012
This query is : Resolved
Wife of my Muslim Friend filed Divorce Petition under u/s 2(ii)and (viii a) of Dissolution of Muslim Marriage Act, 1939.
She also filed Ex- 5 in same Petition for grant of Ad interim maintenance as Ex-5.
[ She had not claimed under 125 cr.pc. ]
What are chances for her to get interim Maintenance, as iddat period is 3 months after Divorce, and she is not a divorced wife.
Nadeem Qureshi
(Expert) 17 July 2012
Dear Niny
according to section 4 of the Muslim women (protection of rights on divorce) Act,1986
4. Order for payment of maintenance.-
(1) Notwithstanding anything contained in the foregoing provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a divorced woman has not re- married and is not able to maintain herself after the iddat period, he may make an order directing such of her relatives as would be entitled to inherit her property on her death according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit nd proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit he property and at such periods as he may specify in his order: Provided that where such divorced woman has children, the Magistrate shall order only such children to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, the Magistrate shall order the parents of such divo rced woman to pay maintenance to her: Provided further that if any of the parents is unable to pay his or her share of the maintenance ordered by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may, on proof of such inability being furnished to him, order that the share of such relatives in the maintenance ordered by him be paid by such of the other relatives as may appear to the Magistrate to have the means of paying the same in such proportions as the Magistrate may think fit to order.
(2) Where a divorced woman is unable to maintain herself and she has no relatives as mentioned in sub- section (1) or such relatives or any one of them have not enough means to pay the maintenance ordered by the Magistrate or the other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the Magistrate to be paid by such other relatives under the second proviso to sub- section (1), the Magistrate may, by order, direct the State Wakf Board established under se tion 9 of the Wakf Act, 1954 (29 of 1954 ), or under any other law for the time being in force in a State, functioning in the area in which the woman resides, to pay such maintenance as determined by him under sub- section (1) or, as the case may be, to pa the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order.
5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974 .- If on the date of the first hearing of the application under sub- section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other decl aration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974 ), and file such affidavit or declaration in the court hearing the application, the Magistrate shall dispose of such application accordingly. Explanation.- For the purposes of this section," date of the first hearing of the application" means the date fixed in the summons for the attendance of the respondent to the application.
ajay sethi
(Expert) 17 July 2012
The Dissolution of Muslim Marriage Act (DMMA) states that a Muslim husband is entitled to maintain his wife only up to the period of iddat
Once the period of iddat is over, the Muslim husband’s liability of maintenance ends as well.
hwoever under provision of section 125 Cr PC she can claim maintenance
ashutosh mishra
(Expert) 17 July 2012
As she is not a divorced wife she can claim maintenance till divorced is granted and iddat pf 3 months expires.
Niny
(Querist) 18 July 2012
under which provision of law, she can get maintenance, pending litigation???
After divorce + till 3 months iddat period etc
it is not 125 cr p c
she filed divorce: not husband.
Ajay Sir, & Nadeem Sir,
Please clear my doubt: whether she is entitled to maintenance without divorce?? during court proceeding as interim relief??
If allowed, all muslim wife will file divorce petition, and start getting mtn, without divorce!!
Pl , any provision of law??
Niny
(Querist) 18 July 2012
Shri Mishraji,
Can she get maintenance till divorced is granted? being muslim.
under which provision of law??
[not claimed under 125 cr p c, which is the only way out for muslim woman, except wakf?? ]
ajay sethi
(Expert) 18 July 2012
muslim lady would be entitled to interim maintenance for period of 3 months only ie during iddat period . dissolution of muslim marriage act 1939 specifically provides for maintenance during iddat period .
after divorce if she is unable to maintain herself she can claim maintenance under 1986 act . prior to divorce the provisions of 1986 act does not apply
V R SHROFF
(Expert) 18 July 2012
After Divorce + till 3 months iddat period + WAKF TRUST.
As she filed divorce, she cannot take advantage of her own wrong. There is no provision in Muslim Div Act, FOR INTERIM MTN BEFORE DIVORCE.
