Divorce

Querist : Anonymous (Querist) 28 December 2009 This query is : Resolved
My sister in-law by cast Muslim (Dawoodi Vohra), got married on 29th October 2006. Her husband is working in UAE on work permit. After marriage she stayed with him in UAE for 5 months and returned to India on 12th March 2008 on his husband's wish. During the period he has not paid any maintenance expense. Now, he wants a divorce for which he has come to India. Please suggest as to whether she can claim for any lump sum or monthly maintenance expense and in what way it should be proceeded.

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kranthi kiran (Expert) 28 December 2009
Contact an advocate and let her file a petition u/s 125 Cr.P.C seeking maintainence from her husband.

Ajay Bansal (Expert) 28 December 2009
File a petition u/s 125 Cr.P.C.

Raj Kumar Makkad (Expert) 28 December 2009
She can definitely claim for maintenance allowance and it is good time to summon him otherwise if he again goes out of country then notice of such petition shall become difficult.

Make hurry in this matter.

Khaleel Ahmed (Expert) 03 January 2010
After codification of Mohammadan Law, Dawoodi Vohara muslims also imp leaded in the code of mohammad law, and the said community treated as subject to muslim law.
Your sister in law`s husband can pronounce talaq as per the mohammadan law without any reason to your sister in law at any time any place.
Please note that, before pronouncement of talaq she can file maintenance claim u/s 125 cr pc. After he pronounce talaq, her claim of maintenance will be decided as per the act of 1986.

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