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Hamza sk   21 February 2023

Can a muslim wife get interim maintenance in husband's rtr case.

Can a muslim wife get interim maintenance in the same case where the husband has filed RCR under Section 281 of the Mohammedan Law for cohabitation. If yes then in what section can she claim.

Reply highly appreciated.


 3 Replies

Real Soul.... (LEGAL)     22 February 2023

if she files application for maintenance 

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 February 2023

Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a man spends on his family.  The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.

A Muslim marriage is construed as a contract, an agreement that is made between the parties to the marriage (nikah) which prescribes the rights & duties of both husband and wife. In this agreement, the wife can stipulate some conditions for husband and in case of breach of such conditions; she has a right to live separately and is also eligible to receive maintenance.

Therefore she can file a petition seeking maintenance under the same law.

1 Like

Shashi Dhara   22 February 2023

She can claim maintenance under section  125 of CRP c.

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