Pidit Pati (False 498a Victim) 12 May 2012

Maintenance demand

After 8 years of marriage and 3 years of irrvocable seperation finally gave Divorce (Talaq) as per Muslim Sharia Law. Along with Talaq transfeered amount for maintenance for 3 months Iddat period and Maher to her bank account. Now, she is demanding for Maintenance (Alimony) to be transferred to her bank account and also threatening to face police and court consequences through email. No specific amount for Maintenance mentioned in the email. Before 1 year she filed false Domestic Violence, 498a etc. which is pending. No summons accepted for DV as out of country - PO remarked that not staying at address. FIR registered but No chargesheet filed by police on 498a. All false allegations without any proof and so no action taken by any authority. Please advise:

1) If she is eligible for any other maintenance (alimony) as per Muslim Law ? (Both husband and wife were and are Muslims. She is working in private college as professor and earning. One daughter out of wedlock who is 7 years now)

2) How to use this email as evidence for threat and to obtain upper hand if Maintenance Cases are filled ? Needless to mention she has asked for interim maintenance in her DV case which is pending for trial.

3) Your expert openion if you were the husband what you would have done in this case.

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1 Replies

Saurabh..V (Law Consultant) 12 May 2012

Dear Author,

Pls find my opinion as under:

Q1.) If she is eligible for any other maintenance (alimony) as per Muslim Law ? (Both husband and wife were and are Muslims. She is working in private college as professor and earning. One daughter out of wedlock who is 7 years now)

A1.) As per one Supreme Court's precedent, ANY married woman in India is eligible for maintenance under given circumstances wherein she is forced to live away from her matrimonial home without her fault.

As far as "Maintenance" is concerned, you have to assure and prove it in court that there was no cruelity and that your wife left the matrimonial home deserting you on her own will. Then she cannot claim any maintenance.

Then comes the question about how much maintenance. It again depends on her income and yours too. If at all court decides to allow maintenance amount to her, then your wife has to prove that you threw her out of matrimonial home without any fault and now she is forced to live at a lower standard than that of yours.

If any married woman is thrown out of matrimonial home without any fault, then she has all the rights to live a life at a standard which she would have been enjoying, if she was living with her husband. However, if the woman leaves the matrimonial home on her own and there is no cruelity by the husband, then the claim for maintenance cannot be granted.

Q2.) How to use this email as evidence for threat and to obtain upper hand if Maintenance Cases are filled ? Needless to mention she has asked for interim maintenance in her DV case which is pending for trial.

A2.) For availing the benefit, you have to get the details of the email, and get it endorsed by the investigating agency (Police) OR by the Court itself. This would go to show that she has left the matrimonial home on her own and that she is only trying to harass you and extort money by the way of misusing the law.

Q3.) Your expert openion if you were the husband what you would have done in this case.

A3.) Pls engage a good reliable criminal lawyer and file affidavit in the court about you being harassed. Also mention that you have full faith and respect for the law and that you are ready to cooperate in the investigation. Your lawyer shall take anticipatory bail for you and then proceed with contesting the trials on your behalf.

Once any FIR is lodged, the police is bound to file their report and this mostly goes as Charge-Sheet and the person accused has to face trial. In you case, your wife has filed 498a / DV Act and now maintenance threats. In such serious allegations, you have on other way out than to fight out these cases and prove your innocence.

Also you may try mediation by the way of elders of the two families and try an "Amicable Settlement" against which your lawyer shall move a writ petition to Hon'ble High Court to quash the FIR and all charges against you.

All the best!

//peace

/Saurabh..V