Muslim Woman's rights under D.V Act 2005

There is no any religious discrimination between HINDU and MOHD in DV act. You can file for.

Thanx Mr. Soni. thats true. But what about her rights to her property which we call under Hindu Law as "Streedhan". does she have any provisions to claim the same - marriage gifts given to her?

I hope I will get a correct legal answer at this platform.

DV Act is, undisputedly, a secular Act and applicable to all religious denominations.

Similarly, Dowry Prohibition Act also is a secular Act and applicable to all religious denominations.

Now, we refer to Section 3 of DP Act, which is as follows:

3. Penalty for giving or taking dowry.-

¹(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable ² with imprisonment for a term which shall not be less than ³ five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than ⁴ five years.]

⁵(2) Nothing is sub section (1) shall apply to, or in relation to, -

(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).

 The highlighted portion is in general terms called "stri dhan" and it is not defined with the specific name of stri dhan.  If a muslim woman got presents at the time of her marriage (which Hindus may call it "stri dhan" and other religious people may call it as presents), these presents can be recoverable under DV Act.

I hope I clarified your doubt.

Warm regards.

Sir,

A well-educated  man is having three unmarried daughters who are still students and two minor son's and his wife.The (nikha) took place with the acceptance of elders and all, now 30 years are passed for marriage but now this man means father of this children is not providing them domastic help and not accepting his children and left  his wife and children and married to other women. Can they ask maintenance from him and also  money for three daughter's marriage and future educated of minor son's  according to our muslim law can they ask for the share from their father's property when i put forward this case infront of  learned people of  islam and shari they are asking to wait till their father's death . Do you think this is the reply, then till there father's death who will take care of them(HIS WIFE AND CHILDREN) please advice                   thank you 

Adv Chandu,

Thanx a lot for the guidance. I got the link. Case is already filed and in reply, they are denying the girls

ornaments and other property saying there is no "Streedhan" under muslim law and therefore not applicable.

But now I understand how to read 19(8) of DV Act.

Thanx a ton again.

regards,

b.m.