mulim women maintanance .... 498A case

Advocate.S.A.Siddiq (Querist) 22 December 2009 This query is : Resolved
A divorce muslim women filed maintance case under Muslim women divorce and protection act and followed she had also file 498a,506(i), sec 4 of DP act- case against divorced husband . in this situation how can easily face that cases.

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Adv Archana Deshmukh (Expert) 22 December 2009
Everything depends upon the facts of the case and the evidence she leads.

Khaleel Ahmed (Expert) 22 December 2009
The case of maintenance filed by muslim divorcee is different from other criminal cases such as 498/A ,506(i).
In her maintenance case she is eligible for fair provision of maintenance as per the Act of 1986.
In other criminal cases filed by her against the husband and his relatives, the prosecution have prove the same allegations before the court.

Advocate.S.A.Siddiq (Querist) 22 December 2009
498 A case are filed by the divorced wife after pronouncing talak, against the husband family members.

Arvind Singh Chauhan (Expert) 22 December 2009
Divorcee can not file complaint under 498 A, because now person, against whom she wants to complain is not her husband after divorce.

Raj Kumar Makkad (Expert) 22 December 2009
Even after having divorce, crime do not stands pardoned and as such action can be initiated under section 498A IPC.

N RAMESH. (Expert) 23 December 2009
I agree with Mr.Rajkumar

subhash kumar (Expert) 24 December 2009
she has right to file criminal case against the husband and his family members . First you get the anticipatory bail for all the accused persons ,to save them from arrest. It is not clear ,how the divorce obtained ,how many children . It is for your kind knowledge that muslim marriage is a contract ,there is no place for dowery demand . you can make these ground for your defense .also to collect the witnesses evidence.
subhash kumar, adv

Khaleel Ahmed (Expert) 25 December 2009
You are further advised hereby that get certificate of divorce issued by the concerned Qazi duly attested by the state waqf boar.This will help you at the time of trial.

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