Maintenance


Hi Everyone ,

Being Muslim man have power to divorce in Islam . So it's better to divorce first and then look for settlement amount or should we go to court for divorce . which one will reduce the maintenance payment
 
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The maintenance amount is decided on the income earnings basis. If u earn more u have to pay more maintenance if less u have to pay minimum amount . IU divorce is given on the basis of shariatu have to pay mehar amount only not maintenance Maintenance amount is decided in competent court of law. If she goes to court .

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Mr. Shahnawaz Shaikh, come on, don't try to be oversmart that being a male Muslim, you hold devine power to divorce your wife as and when you wish. Moreover, you are an Indian first, Muslim afterwards, so go to court for divorcing your wife and face the music without thinking of the costs.
 
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Originally posted by : Shahnawaz Shaikh
Hi Everyone ,Being Muslim man have power to divorce in Islam . So it's better to divorce first and then look for settlement amount or should we go to court for divorce . which one will reduce the maintenance payment

You will have to pay the dues what you promised the wife at the time of marriage. which is called mahr. Only on receipt of such, you can proceed with talaq as per Muslim Family Law  In case wife wants money from you, she will approach court and seek alimony under section 125 cprc.  You will have to pay alimony till the day she remarries or dies. 

What I suggest is pay her what she wants as 1 time alimony in court by approaching court u/s 28 of Spl Mrg Act and take divorce via settlement.  That is the only way you can aviod payding maintenance to wife till the day you are alive.

 
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