newlogin1234 (NA) 27 December 2011
Hello All,
I am victim of false dowry case. she has filed on me 498a, DV act including mainteanace. my query are:-
(1) Is there any provision of interim mainteance in muslim law ?
(2) how to counter the mainteance ?
(3) if wife not agree for one time fair provision after divorce, then what step need to take for counter it.
pls suggest
M.Sheik Mohammed Ali (advocate) 27 December 2011
you wife gone indian law, so wil obey as per indian law, if she is complaint shariat law then will fight with as your wish's, you must give maintenance.if she is working and can proov it then avoid to give maintenace.
Sayeed Nazir (Marketing Manager) 27 December 2011
As per My Understanding..IPC 498a, DV Act, CrpC 125 are Secular in Nature,
If your Wife Book you for Maintanance (125) case you will be asked on First Hearing weather you want to be Govern ny Islamic Law or Secular Indian Law.
Fair Provision is Under Muslim Divorce Act, which Muslim are bound to follow, But Wife is greedy to have money. She will challange the Judgment of Lower Court to High Court. There are 2 options :
1) To pay One time Fair Provisoon (Daniel Latiefi -SC judgment)
2) To pay Monthly maintenance till she re-marries (Shabana Bano - SC Judgment)
Both laws are applicable But f you have paid she cant ask for maintenance again n again.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 December 2011
Sayeed is wrong.
All penal provisions are secular in nature.
Wife can as well file 498a/ DV/ 125.
newlogin1234 (NA) 28 December 2011
Dear All,
Thanks for your valuble feeback,
she has filed all case under indian law
more thing i want to discuss with you, our last CAW cell counselling is on jan second week on that time might be FIR will also lanuch. i have already taken the AB bail prior notice of 5 days.
(1) i have an fear ipc 406. because of all Ornament with her. kindly suggest any precaution before and after lanuch the 406 by her.
(2) any another precaution before filed the FIR
(3) also suggest the fact which are consider reduce the mainteance
kindly suggest
dear yusuf
1] on ipc 406, you have to show that you are using the jewellery/ornaments for her benefit in good faith. as you are her husband you have a right to take care of her. is there any occassion where she needed money and you have to provide money to her?
2] you take AB bail, thats all you can do regarding fir.
3]to reduce maintainance, you have to show either of the following thing:
a] you don't have sufficient income to support yourself or
b] she is unchaste i.e. having illicit affair with somebody.
thats all you can do. best of luck
dear yusuf
1] on ipc 406, you have to show that you are using the jewellery/ornaments for her benefit in good faith. as you are her husband you have a right to take care of her. is there any occassion where she needed money and you have to provide money to her?
2] you take AB bail, thats all you can do regarding fir.
3]to reduce maintainance, you have to show either of the following thing:
a] you don't have sufficient income to support yourself or
b] she is unchaste i.e. having illicit affair with somebody.
thats all you can do. best of luck
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 January 2012
1. If you don't have her jewellary, mention the same. If you have any proofs w.r.t. the same produce the same in the court at the time of AB hearing. If there are no proofs, the courts in Delhi are try to reach a compromise for the Stridhan articles, where a sum is given to wife in lieu of all Stridhan items.
2. You have taken all possible actions.
3. Wish anyone knew a perfect way to avoid maintenance.
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