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Mis. J F (Student)     05 December 2012

Maintenance and divorce

Hello,

Please I need information regarding the issue, if a wife has filed a case against her husband and in laws under section 498A , Domestic violence Act 2005, and DP act. Can she claim the below:

1) wife was a working women, and her salary was utilised by her husband and in laws. Can she claim for it?

2) Apart from the dowry ,ornaments and dresses given from her mothers side, also can she claim for the jewellery and dresses given from boys side. What all can she calim as a stridhan, as the they are muslims.

3) Marriage expenses can also be claimed?

4) And what are the rules about the maintenance, can she claim for it? and what basis the amount will be decided, is it on the salary drawing by her husband? If he is not working then what will be the scenario, can she get from the property owned by father of the husband?

Please reply.

 

Thank you.



Learning

 7 Replies

Goutam Prasad (Advocate)     06 December 2012

Stridhan covers all gifts from any side give specifically to bride and the same remains property of bride.

Working wife is not entitled to maintenance for her self.

Wife is not entitled to share in property whether of husband of husband's father in present legal situation.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

1 Like

Mis. J F (Student)     06 December 2012

Thank you so much sir.

But what about the marriage expenses? And let me clear about the working wife, the bride was working when she was with her husband and in her laws and at present she is jobless, also let me not forget to state this that her husband used to use her ATM card and he used to draw the amount everytime and spend it without her notice. He utilised all the amount from the account, even the amount which was her savings before wedding.

Does stridhan also applies for muslim couples?

galsober@yahoo.co.in (def)     06 December 2012

Marriage expences are NO WAY DOWRY & wont be refunded at all

Zubair (aaa)     07 December 2012

Dear Mis JF,

No Muslim women follow Muslim Sharya law, else life would have been easier for Ummat. U can file as manycases and claim watever you desire until ur husband challenges it under Muslim Law because there are many section which are under Hindu Marraige Act.

Are you divorced? If Not then better get one time settlement if your husband decides to fight like me, your life will be like a rollercoaster ride.

If the cases are false which i can assume since you hav filed all typical possible cases against your husband and his family, forget about any maintenance.

When wife knew her husband is withdrawiwng money from wife accounts y didnt his wife blocked the card. Its not practical to prove that husband was withdrawing not wife.

As she was working before marriage, that means she is capable of earning unless some unfortunate events have occured wherein she can no longer work or have any income (physically or mentally incable of earning which need to be proved which is next to impossible).

Wife can claim even Taj Mahal as streedhan, prove it. Prove it and Taj mahal is yours. My wife claimed 1 kg Gold, i believe no one in her entire family must have seen that much quantity in their entire life. but still Indian Laws and Politics go hand in hand.

And rightly said by galsober, Wedding expenses are not dowry.

If your husband wish to fight which i wish he do, wait till you see ur husband happily married with kids, because once you get married NO MAINTENACE.

Being a Muslim Allah se daro, read Sura Nisa and bakra with meaning all your questions will be answered. If you are really toutured leave it to Allah to decide. Last me Allah ke saamne hi khada hona hai.

Take what is yours not his.

 

Mis. J F (Student)     07 December 2012

Dear Brother Zubair,

Its not that only women should follow Muslim Sharya, even men should follow it, if they would have then wouldnt have asked thier wives to earn and run the family,they wouldnt demand dowry and always keep expectations from girls family even after wedding and also they wouldt not insist her for abortion only because the wife should work and earn more and she shouldnt carry unless she withdraws a salary of FOUR ZEROES .which is not allowed according to sharya, hope you know this.


Kyun unko Allah se darr nai hai? Yeh sab kuch karskte wo log? Unko nai khade hona hai Allah ke saamne?

How much a women can tolerate, that too only in a period of 6-7 months of wedding. When the persons state that we married you just because of many how could one think of settlement with such inhumane individual, when he doesnt even care, love or respect his wife. Who doesnt even care to get a medicine for her, how much humiliattion, ridicule and insults she can tolerate??? Inspite of giving all her earning to him, just because he and his father are wrapped up in debts like anything. Giving everynthing and getting pain inreturn is something which is not digestible.

Dont jump to conclusion that she has filed all false cases, just because your wife has done. Because every women is not the same. I am sorry if I hurt you by commenting on your personal issue, but it is a fact. No women wants a Hardship!

She gave the money and card only help to run the family, its not her responsibility to do that.
Who are they to ask her money? It was by her wish she agreed by seeing the situation.And she can get the same back.

If a small house has the walls of love, roof of care and the luxury of respect, then no women will ask for a Tajmahal!
She is not claiming more than what she gave.

And she have no issues with he getting married again, let him, she know that he is not capable of that he is all
bankrupt and also not earning much. Allah unko saza di hai.

Aur Quraan mein sif aurton ke haq k baare mein nahin kaha gaya hai, mard k liye bhi utni hio taakeed hain, jo shayad hi koi follow karta hai.

Aur ye bhi mention hai ke Aurton ko mard se zyada bardasht karne ki taqat hoti hai, agar is mein se sirf 1% bhi agar mard ke saath hota toh pata nai kya hota. Think on this.




 

Goutam Prasad (Advocate)     07 December 2012

Amount of wife used by husband whether after or before marriage is not stridhan and non recoverable.

Expenses on marriage is also non recoverable.

If you are non working right now, you may claim maintenance. There is no fixed formula to arrive at quantum of maintenance. But, generally you can expect maximum appox. 1/3 rd of his earning. Exact depends on his genumine expenses.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Zubair (aaa)     07 December 2012

Mis JF.

Certianly i had not mailed to hurt ur sentiments. Ya i had been sarcastic in my reply but filing 498a, DV and other cases are not the solution. Did they throw you out? was he drinking? does he have an affair out side? If yes kick his A*S.

If you r divorcing him only becaus he has no money or he is in debt or he ask you to share your salary then just think  hw will he take care of you whn you r actually taking care of him. In my case i was asking my wife not to work i will take care of her need, she was adamant that she want to work and later after deserting me with all the jewelery she files all these file cases. In todays world specially in cities, no women is tortured. If you r true then do you dare to take his neighbors as a witness of this torture in front of IO? (belive me its very powerful proof) if he does it before than than Allah save you.

Wife in your case has willingly given card and her salary then why crying now? She was knowing that husband family is asking for Dowry then why getting married to such a man at first place. Now dont tell me enquiry nahin kiyea the. You gave dowry, you invited trouble. Surah Nisa and Baqra mein Husband ke bhi rights likhe huea hai.

Let then face trail in front of Allah, why are you becoming judge and giving punishment to him and his family.

Anyways i hope your questions were answered. If any more do write them in pointer, will discuss with my lawyer and reply you.


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