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freedom123 (IT)     09 May 2024

How to calculate and pay the maintenance amount to muslim wife during iddat in talaq-hasan?

If a muslim husband wants to initiate the procedure of Talaq Hasan against his wife, there arises the concept of maintenance to be paid to her during iddat period of talaq Hasan as per the sharia law. This is completely different than the maintenance she may claim in future under 125 CrPC or DV act if she wishes. With regards to the sharia guided maintenance during talaq hasan, I have the following queries:

 

1: When exactly is the iddat period in Talaq Hasan? When does it begin and when does it end?

2: How to calculate this maintenance amount of iddat if the husband and wife do not have a mutual understanding and agreement on this topic?

3: Is this maintenance amount to be documented in the written pronouncements of talaq hasan? If not, how should this maintenance be documented?

4: When exactly is this amount to be paid?



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 May 2024

1. It is three months from the date of pronouncement and sending the communication to her, and the completion will be the following date on completion of three months from the date of pronouncement.

2. There is no straight jacket formula to calculate the maintenance during iddat period as per Shariat law, hence you may communicate your decision of talak as per Muslim personal law and wait for her to claim maintenance which would be decided  as per law prevailing at that time.

3. It is your choice to mention the amount that you offer her towards maintenance on talaq. 

freedom123 (IT)     10 May 2024

Thank you for the reply sir.

 

If the marraige is not consummated and non-conusmmation is the ground on which talaq hasan is being exercised then how does it affect the iddat period and maintenance in it?

I have read that there is no iddat period if there is no consummation of marriage. Is it correct?

Will iddat period maintenance be given in such case?

T. Kalaiselvan, Advocate (Advocate)     10 May 2024

There is no necessity to mention the reason in the talaq nama for pronouncing the talaq.

Don't mix up the general law or law pertaining to other personal law to the Muslim personal law and get confused or misguided.

The Muslim women are entitled to maintenance under section 125 cr.p.c. even the divorce is confirmed through talaq ahsan. 


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