Ibrahim (Associate) 02 August 2013

Dv act maintanence and muslim women act maintanence 1986

Dear lawyers,

My ex-wife filed a Dv case with total false allegations in a remote area including all my family members and i have evidences to deny it. Now she is claiming maintanence under section 23 of DV act and I have 1 year old daughter who is in ex-wife custody and i am ready for the maintanence to my daughter. My parents received summons for the same. After noticing the scandalous allegations I issued talaq (Triple Talaq) notice through registered post to their home and Mosque of respective cities and Mahar was already provided at the time of marriage.

I am working as a software engineer, their main intention is extracting money from me. They cheated me and my family by hiding past love affair for more than 4 years with one of her relative and i have evidences for the same from social networking site. But it is only a past story to my knowledge. After marriage during her pregancy she deserted me by moving to a remote village (where abouts was not known to me) and stayed there for 13 months without my consent and i have some evidences to prove it. After that she voluntarily expressed her concern for divorce in DV allegations and demanded their marriage expenses, pregancy expenses, past maintanence and some imaginery Gold stating that i snatched from her.

Under the above circumstances,

1. Since i divorced her, Muslim women act 1986 for divorced women will apply or under sec 23 of DV act?

2. Can i show her hiding their past love affair for more than 4 years as cheating to deny maintance to her.

3. Can i show her desertion for 13 months for stopping her from claiming any past maintancence.

4. Am i liable for their marriage expenses, pregnancy expenses and past maintanece (her desertion)?

5. Her imaginery allegation of i snathced 10 soverign Gold from her. How can i deny it in Court. She also dont have any evidence for the same.

Sorry for my elaborate explanation. Please help me with your valuable replies. I already denied a good offer because of continioues mental stress and my current job also in worst situation.

Regards

Syed

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2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 August 2013

Dear Querist

as per your queries my opinion as under:

1. Since i divorced her, Muslim women act 1986 for divorced women will apply or under sec 23 of DV act?

Opinion: yes, within 1 year she can file if there is any domestic violence has been comitted.

2. Can i show her hiding their past love affair for more than 4 years as cheating to deny maintance to her.

Opinion: on this ground the maintenance can not be denied by court, read section 125 of crpc.

3. Can i show her desertion for 13 months for stopping her from claiming any past maintancence.

Opinion: yes you can

4. Am i liable for their marriage expenses, pregnancy expenses and past maintanece (her desertion)?

Opinion: moraly you should be pay but legally you are not bound for marriage expenses.

5. Her imaginery allegation of i snathced 10 soverign Gold from her. How can i deny it in Court. She also dont have any evidence for the same.

Opinion: fight the case on merit, its depend on the facts and circumstances

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Ibrahim (Associate) 03 August 2013

Dear Sir,

Thanks for your reply.

To clarify on the point1

I executer talaq after noticing false and scandalous allegations against me and my family.

Now, since she is a divorced women,

Can still she claim maintanence under 125 crpc or i can request the court for applicability of Muslim women Act for divorced women1986 as it was stated that 125 crpc should be applied only on mutual consent.

Thanks again.

Regards

Syed