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razackbaba (Professional)     11 February 2017

Maintanence after talaq

After talaq, according to indian law 1.is it mandatory to give maintainence for wife (after iddah period).because it not there in Muslim shariah law. 2. Is there any provision for divorced women ask share in husband's property. 3. Who will child custody of 10 yrs old daughter and 7 yrs old son.


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 8 Replies

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it

D. P. Mishra (AO)     11 February 2017

well you can claim and get maintenance if you do not remarry. It can be done in Cr PC Sec125. Since your bond with your Husband is over you can't claim property but your kids can. Finally till the kids obtain puberty, they shall stay with you and after that they shall be given option to choose between you n ur husband. Law however favours husband. Hope u have got it
1 Like

Ms.Usha Kapoor (CEO)     12 February 2017

 

 A widow is entitled to one-eighth share of her husbands property when there are children and one-fourth share when there are none.

if  both parents were faithful and honorable, then the Islamic judge would order the first few years of the child’s life to be with the mother. This is an essential developmental time for a child, and the parent that best fits in catering to the needs of a child during those years is the mother. In most cases girls, because of their natures, are entitled to be in the care of their mothers for a longer period than boys     So upto 5 or 7 yrears children especislly girls reamin with mothewr and thereadter custosy shifts tofather as he is a natural guardian.

1 Like

razackbaba (Professional)     13 February 2017

but sir, my lawyer said after muslim women act 1986, there is no provision of casing filing under Cr PC Sec125 for muslim divorced women. he added can claim some lumpsum like jewels(given as mehr during marrige by husband to wife) or some amount according to husband monthly income likewise, i wont get child custody if son reach age of 7 and girl till puberty or reach age of 9  (according to shariah law), judge will consider only personal religious law and not hindus law likewise, 

is all this are true?


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