A lonely boy (accountant) 03 September 2014

Maintenance in muslim law

I am a muslim boy (age 27), married 2 years ago under the Muslim law in India and live in Gulf. I want to separate from my wife as we have serious compatibility issues. We have fights between us literally 'daily' and have no trust or understanding (leave alone love and affection) in each other. Although my wife agreed for divorce, I am sure that to revenge, she will file for huge maintenance, as my salary is quite handsome (around 5 lakhs a month) and we have lot of family properties and huge monthly rental incomes (around another 5 lakhs a month) (me being the only son and all family properties purchased by my father with his own income). Although she herself is a medical student with a well off father and family properties, she can fall to the level of lying and making false charges (dowry + torture by family + torture by husband etc), although all our and their relatives are witnesses that not even a single rupee was neither asked nor expected.

I want advice from experts around in this forum whether:

1) She can claim for alimony even though she doesn't need it as her father is well off and she herself will soon complete her MBBS and start earning.

2) Can she have claim over our family properties?

3) If at all there could be a decision by court for maintenance, how much do you think she will be entitled for under the Muslim law and keeping in view my earning and my family earning and standard.

4) Any precautions or preparations to be taken care of (as we are not presently divorced, but I am sure this marriage will end up that way in another few months) before divorce.

Thanks a lot in advance and would be grateful for the valuable opinions.

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4 Replies

Adv k . mahesh (advocate) 03 September 2014

already both agreed for divorce then why late you should have talk to lawyer and file mutual consent divorce before she attempts to file any other cases convince her for this and settle the issue

Biswanath Roy (Advocate) 04 September 2014

File a mutual consent divorce immediately.. Wife's future possibility of income shall not be considered on the question of determination of Alimony or maintenance.. Quantum of maintenance to be determined by the court on the basis of husband's income and lyfestyle AMICABLE SETTLEMENT THROUGH BOTH PARTY PARENTS WILL BE BETTER IN ALL SENSE.

T. Kalaiselvan, Advocate (Advocate) 07 September 2014

Since you both are still married, the option for 'Khula' under Muslim law is very much available and all the issues including maintenance, one time alimony settlement and other issues regarding property, her gift, meher can be finalised then and there itself, why don't you exhaust that option instead of going behind the courts for litigation and other spats. The maintenance amount will be decided as per common law only if it comes to court, there is no specified parameter to decide the quantum of maintenance, it will depend upon the income of the respondent.

A lonely boy (accountant) 07 September 2014

Ex wife can approach court for alimony from husband. And the alimony that court decides is SIGNIFICANTLY higher than what Islam (shariyah) has mentioned for a woman. Divorved women approach court even though they are not in need of that SIGNIFICANT alimony to revenge their ex husbands n rob them off their money. So its not so plain n simple..........