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Maqbulhusen Saiyed (SALES MANAGER)     23 September 2014


Dear Sir,


My name is Maqbulhusen Saiyed. My wife died in 2008 and i had a daughter (age 8 Years as on date) from my first wife. I remarried again in 2011. I have another daughter (age around 2 years 6 months). My wife does not keep my daughter from first wife well. She is also fighting with me for small small issues. I asked him to get divorce. But she is asking hefty amount as maintenance as well as house where my parents is presently staying. She is also threatening me that she will not go through court proceeding for maintenance and she will file wrong cases on me and make my life hell. Can somebody please guide me how can i handle such issue? I and My daughter is mentally disturbed.

Thank you for your kind guidance.



 4 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     23 September 2014

Please Do Not worry at all, recently SC has clearly given guidelines to all other subordinate courts and Police officers to restrain arrest under the 498A and DV cases  with out permission taken by Court or not below the rank of Dy. Commissioner of Police or Dy SP rank in States. This step has been taken after viewing many of the fraud cases by the women in resent past in fact they are much in misuse of the protection clauses given to them for their safety.

You are advised to make a police complain of your wife for cruelty against your daughter (her step daughter), and try to get a protection order for her against your wife.

I believe you are a Muslim person and so there must not be any problem to you in giving Talaq to her if you desire so

Amount of Mehar and the some regular maintenance will solve the purpose if the case is put in a right way. She can not demand the house of your father's or even of yours if it is made by your earned money of otherwise also if it is an ancestral one in that case only after your death she has a share in that along with the other equal share to your other heirs.


Advocate Ravinder (Advocate/Attorney)     23 September 2014

There is no need to worry.  Though she files 498a, you can counter it by showing a latest Supreme Court Judgement which is in favour of husbands.  At the most she can file maintenance case against you.  You have not stated your religion.  For more information call me 7893011777 or

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

You must consult a local lawyer and take proper decision, because you cannot go to court for divorcing her, you have to go through the process as set out in the Muslim personal law for divorcing your wife, hence seek the advise of a lawyer and proceed accordingly. The experts may stop indulging in the soliciting business here in the name of giving advise/opinion, it is embarrassing others who volunteer to give free service here.

avinash (merchant navy )     13 October 2014

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ? can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ? can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning. she is showing that she is working but most of the time she is idle. kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.

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