I have married in Dec-2011. We both are IT professionals and Muslim. We both earning salary of 4.8 Lakhs per annual.
I have divorced my x-wife in Sep-2013 (total period - 1.9 months. She was with me for 7 months only) by the way of Talq after many constellation talk which I have initiated through mahal comity. We have a baby boy and he is with x-wife (I am paying Rs: 2500 per month). I have remarried in 2014 and I have a baby girl of age 1.5 years. By the grace of god got a happy life.
In 2013 itself my x-wife had field 3 cases against me after the Talaq.
1. 498a (after police enquiry no idea what happened)
2. Maintenance of child (i am paying Rs: 2500 per month from that date as per court order)
3. The Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 3(3)
The Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 3(3):
Court ordered (First class judicial magistrate) to pay 20 Lakhs to x-wife. Judge calculated the sum as:
Total life span: 70 years, x-wife's age: 29.
Years considered: 70 - 29 = 41
Amount to be paid per month: Rs: 4000/-
Total amount= 4000*(41*12), rounded to 20 Lakhs.
And court said even if she is able to maintain herself, men need to pay amount as per the law. I am not sure if he is right. I believe the rule is to protect the woman who is not able to maintain herself. Also not to put men in trouble (by ordering such a huge amount).
I don’t have any assets or income other than my job (no property, living with my parents). But x-wife have own property, car, etc.
Here court doesn't consider how I will pay such a huge amount. Even I don’t get a personnel loan considering my current salary.
Definitely I will go for appeal (not sure if there is a scope for review petition). Please give me suggestions and supporting judgments which will be useful for my appeal.
What I find the Judicial Magistrate ordering the huge sum of Rs 20 Lakhs to divorce Muslim wife u/s 3(3) of the Muslim Women (Protection of Rights on Divorce Act,1986) as revolutionary type.
According to him the sum of Rs 20Lakhs as reasonable and fair for the wife based on his arbitrary calculation of her age to be 70 years (presently aged 29 years) and @Rs4000/- per month for 41 years she is entitled for Rs20 Lakhs.
The wife has sufficient means to maintain herself that point has been ignored. The wife is well educated and working apart from being quite young can always get married again and have new husband to support her, this point too has been ignored by the learned magistrate. The age of anyone can not be predicted by anyone leave aside any judicial judge, to ascertain that wife will live till the age of 70 years by itself is arbitrary calculation done by the learned magistrate. The Mortality age of the normal Indian woman is also not calculated as 70 years by any UN Organisations like WHO and Indian Council of Medical Research how could a judicial magistrate do that is the issue for consideration.
Anyhow best for luck for the appeal against the order of the judicial magistrate in this case
