Muslim law and crpc related to maintenance.
Amrit Dubey
(Querist) 06 March 2015
This query is : Resolved
Respected Seniors,
One my client (Muslim Male SUNNI)had married 16th Nov. 2008 (to a Muslim Female SUNNI). Just after marriage he came to realize/know that the girl is mentally unfit to live the marital life. The same was informed to the parents of girl next day. Wherein the bride's parents stated that it is just because of the change of place and she is mentally fit. But, yet after a month when the groom and his family member got to know that she is mentally unfit to live with a marital life. My client cleared his intention of not living with the bride and the same was conveyed to the bride family and the girl was sent to her Father's home. After that for four years she lived with her father with a hope that she would get fit for the Marital life as she was undergoing medical treatment. But when even after three years nothing changed my client gave a written divorce to her and the same divorce has been duly verified, registered and stamped by the city Quazi on 19.12.2013 as per the Muslim Law.
Now almost after 6.5 Years the bride and their parents have filed a case of 498-A IPC and for Maintenance under 125 of Cr.P.C. My client is currently residing in Bahrain from last 3 years and have yet not married.
My clients concern is that:-
1. whether the same kind of case persist still?
2. What could be the limitation for filing of these kind of case?
3. What could be the defenses available to my client?
Advocate M.Bhadra
(Expert) 06 March 2015
Maintenance case can be filed at any time at any place and even after divorce. But criminal case u/sec.498a IPC may have not merit after long period of separation.So you can file a quashing petition u/sec.482 Cr.P.C. in High Court. Defend the case by producing proper evidence.
Devajyoti Barman
(Expert) 07 March 2015
Muslims are equally governed by the rigours of section 125 crpc. it is long settled by the apex court.
There is no limitation for filing 125 crpoc or 498A cases as those are offence of continuing wrong.
Defence would according to the merit of the case.
Rajendra K Goyal
(Expert) 07 March 2015
Agree with the advise of expert Advocate M.Bhadra.
Guest
(Expert) 07 March 2015
May or may not 498a case stand, but maintenance of wife becomes the liability of your client.
Nadeem Qureshi
(Expert) 07 March 2015
Dear Querist
My opinion on your queries are as under:
1. whether the same kind of case persist still?
Opinion: Yes the cases can be filed, there is no bar by law. you may use the limitation defense if the case comes under the limitation or not as mentioned in section 468 of Cr.P.C.
2. What could be the limitation for filing of these kind of case?
Opinion: read section 468 Of Cr.P.C. for 498A case. There is no time limit for filing maintenance case.
3. What could be the defenses available to my client?
Opinion: 498A, Fight the case on merit.
File an application before family court where the maintenance u/s 125 of Cr.P.C is pending that the petition did not filed any application/affidavit that she want to cover under this section to claim maintenance as mentioned in section 5 of Muslim Women(Protection of right on Divorce) Act-1986, in which clearly state that the petitioner that she would prefer to governed by the provisions of section 125 to 128 of Cr.P.C.
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
Though the said cases are not barred by limitation, you may fight them out on merits on the basis of strong and concrete evidences in your side, be in touch with yr lawyer.
