Maintenances
Nelofar
(Querist) 27 March 2012
This query is : Resolved
Asked early similar query also.
Married 5 year back as per Muslim rituals (both being Muslim,arranged marriage,
mehar paid at the time of
nikka),
Have baby boy of 1.6 years,
Husband abruptly stopped communication from lost 6 months; neither came to c me as I was at my parental home.
Now he is saying I have divorced you, as he say he has send divorce through Registered post to my parental address to me & my father, as we were out of station so could not receive the same.
Also he is saying I have published in daily newspaper, but we did not have any information about it.
The allegation which my husband’s is putting is that I am not mental fit that too he is saying after 5 years of marriage & 2 years of engagement.
After my marriage my in laws ill-treated me, & I also even went to a Phsystriate after marriage because of ill treatment by my in-laws, he said u don’t have anything.
Now my husband is giving some baseless allegation which has never happened.
I tried alot through my friends for reconciliation but my husband is admeant that he has given divorce.
My husband has not paid even a penny to me & our baby from lost one year even though he is earning more than 70 K a month.
Is it valid Divorces ?
My Query is that is can Divorced Muslim wife claim maintenances from the Muslim husband as i am house wife?if so Judgement plz.
ajay sethi
(Expert) 27 March 2012
id similar query had been sked by you earlier then experts must have replied to you . post your query in same thread
Nelofar
(Querist) 27 March 2012
Rspected Sethi Sahib
Contents were same but at that the query was different i was trying to save family without going to court,as at that i was with the intention that court case may become hurdle in reconciliation.Now as my husband is adament on divorce,i donot want litigations,but as i am house wife with a baby of 1.6 year how much burden i will put on my father.So My Query now is that is can Divorced Muslim wife claim maintenances from the her Muslim husband(who has divorced his wife) as i am house wife?if so Judgement plz.
ajay sethi
(Expert) 27 March 2012
March 18, 2010 the HINDU
Division Bench of the Kerala High Court on Wednesday ruled that a divorced Muslim woman's right to claim maintenance under Section 125 of the Criminal Procedure Code did not stand “extinguished” if payment under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act 1986 had not been made by her former husband.
The Bench comprising Justice R. Basant and Justice M.C. Hari Rani made it clear that a divorced Muslim woman would be entitled to claim maintenance from her former husband till she remained a divorcee. However, her remarriage or actual payment of maintenance or fair provision under Section 3 of the Act shall “extinguish” her right to claim maintenance under Section 125 of the Criminal Procedure Code.
The court ruled that a pronouncement of talaq remained valid only if attempts for reconciliation by two arbitrators in terms of Islamic laws were made before such pronouncement.
If such efforts for reconciliation failed, it shall be decided that there had been a “reasonable cause” for such divorce.
The reasonableness of such substantive cause for divorce could not be justifiable by a court.
The court made this ruling while dealing with a Muslim divorce case.
The court observed that it was assumed that a Muslim man could unilaterally end his marriage by pronouncing talaq without the intervention of a court.
This provision was arbitrary. Though it might offend the notion of gender justice, such practice was well settled in the country. Such a divorce was considered perfectly valid.
The Supreme Court did not appear to have addressed the issue so far. The obligation of hapless Muslim women to suffer polygamy and arbitrary termination of marriage by pronouncing talaq without court intervention appeared to offend the fundamental rights guaranteed under the Constitution.
The court observed that these issues would have to be addressed by the secular State.
The issues could not be pushed under the carpet by the legislature or the constitutional courts. The court expressed the hope that the legislatures would soon address the issue.
ajay sethi
(Expert) 27 March 2012
In August 2010, the Delhi High Court ruled that a Muslim man is liable to pay maintenance, to his ex-wife and minor children, until she remarries. Further, the court held that a divorced Muslim woman is entitled to maintenance under the Criminal Procedure Code. The court further said that this is applicable regardless of the provisions of the Muslim law. Muslim law also provides that a person is liable to pay maintenance to his divorced wife, only for the Iddat period (nearly 3 months after dissolution of the marriage).
Adv.R.P.Chugh
(Expert) 27 March 2012
Dear Ms.Nelofar,
A Muslim woman certainly can claim maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 you'd be able to claim the following rights under the Act :-
i) Reasonable & Fair provisions for your maintenance until the point you remarry - which would have to be made by your husband within your iddat itself.
ii) Return of Mehr
iii) Your Articles of Istridhan/Dowry
iv) Special Maintenance for you - for your child until the child reaches 2 years.
In Addition to the above :-
You can ask for child's maintenance specifically u/s 125 CrPC until the child reaches majority.
Both these cases can be tried together by Judicial Magistrate 1st class or Metropolitan Magistrate of your area.
Read : Danial Latifi v. UOI (2001 SC) 5 Judges Bench, Shabana Bano v. Imran Khan (2010 SC)
Shonee Kapoor
(Expert) 27 March 2012
The similar query has been answered previously.
That you can get maintenance for kid and yourself under existing laws.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nelofar
(Querist) 28 March 2012
Thank youfor the kind advise by learned experts.
Mr Chugh Iddat period is only 3 months for a women,is maintenances applicable after
Iddat also legally.
Shonee Kapoor
(Expert) 28 March 2012
Yes, maintenance can be granted even after Iddat Period.
Or a fair provision has to be made under Iddat period itself for the maintenance and upkeep till the woman gets remarried.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 31 March 2012
The pointer is that you can claim maintenance for your self as well as for your child.
