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Ibrahim (Associate)     22 July 2013

Islamic maintanence and dv maintanence

Dear Members,

My wife filed a false DV case against me and my family members.My parents received summons. I personally didn't received the summon as it was despatched to a wrong office address. I Issued Triple Talaq notice stating Mahar as maintanence.I have sufficient evidences to deny the allegations. Now for the maintanence part which one will be applicable as per islamic law or as per court system during and after the case.I have 1 year old daughter for which i am ready to give maintanence for her. Please give suggestions.



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 July 2013

Domestic violence act is applicable to muslims also. So when you receive the summons, appear in the case and contest it properly.

Ibrahim (Associate)     22 July 2013

Thanks for your reply.

I am going to appear as it was a court issued summon.

I am asking in terms of maintanence which one is applicable DV act fixing maintanence based on my salary or talaq maintanance with mahar amount? Please reply.

Sudhir Kumar, Advocate (Advocate)     22 July 2013

she may even file 498a.

Adv Archana Deshmukh (Practicing Advocate)     22 July 2013

@ Ibrahim,

The maintainance will depend upon your salary, however, whatever you are paying to her will be taken into consideration.

Ibrahim (Associate)     22 July 2013

Thanks Archana.

If i prove all the allegations as false and come out of the DV case. Then Islamic law of maintanence will not apply?

Sudhir Kumar, Advocate (Advocate)     22 July 2013

connect

https://www.lawyersclubindia.com/forum/False-domestic-violence-case-84753.asp#.Ue1fgKzQzmk

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 July 2013

Religious law would still apply.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

insaniyat (Engineer)     22 August 2013

Dear Ibrahim,

 

1. Regarding maintenance to your daughter, as per Indian law or (Shariya Law), you must pay maintenance to her.

2. Regarding maintenance to your divorced wife, if you prove in the court that she is getting income by any source, then she is not eligible to receive maintenance amount from you. Whatever, you paid as Tallaq amount to her, it is only for Iddat period (i.e. 3 months).

 

As per Islamic (Shariya) Law, there is no maintenance to divorced wife. So relax.

 

Never Give Up


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