Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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CS Pooja (Company Secretary)     27 July 2010

Maintenance by a MUSLIM woman

1. Nazia (names, not changed) belonging to UP was married to Ashfaq, who belongs to Maharashtra. Marriage was solemnized in UP in 2008.

 

2. While Ashfaq had a criminal background, it was not disclosed to Nazia and her parents. Even after marriage, he went to prison for various frauds that he committed.

 

3. After marriage, Nazia comes to know that Ashfaq, has, other than a criminal background, a bad character too.

 

4. Ashfaq asks Nazia to bring five lac rupees from her parents if she wants to continue the marriage.

 

5. Upon not being able to do so, he ill treats her.

 

6. Consequently, Ashfaq divorces her by pronouncing ‘talaq” thrice, before sufficient witnesses.

 

7. The dower, as decided at the time of the marriage is also not paid to Nazia.

 

8. Nazia is not well qualified to maintain herself.

 

9. Please suggest what other than filing a suit of maintenance under 125 CrPC, can Nazia do…



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 5 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     27 July 2010

She can file for maintenance and other reliefs under the Muslim Women ( Protection of Rights on Divorce ) Act, 1986

Manasi Save (Legal Practioner)     27 July 2010

Also can file relevant proceedings under DV Act, for maintainence, alternate accomodation, protection order from the court but provided has to prove domestic violence, she can take help from various Ngos (legal) who work specially to help such women   

CS Pooja (Company Secretary)     28 July 2010

I have the following doubts:

1. Can a muslim wife file 498A

2. If yes, can that be after divorce

3. If yes, what is the judgement that allows a divorced lady to fight 498 A

4. The object of DV is to provide a safe place to stay, to the victim. But, here, she has already been divorced, hence, whether a case under DV will be a right choice...

Manasi Save (Legal Practioner)     28 July 2010

Pooja, refer the following judgements Razzak Khan v/s Shahnaz Khan 2008 (4) MPHT 413 MP (judge S.C Sinho) gives special reference to  muslim women & Priya v/s Shibu. MANU/KE/0265/2008 6th June 2008 Ker (judge V. Ramkumar)

regarding ur doubt about 498 -  A i totally agree with the learned gentleman above

Ayub S. Pathan (Legal Adviser)     28 July 2010

Pooja,

Do not mix personal laws with criminal Laws.

 Action Under s.498 A is purely Criminal and Maintianance is personel.

So GO through Muslim personal laws Carefully and you will get  the answer. Don't

Get confused. DV will not be of much help. Best Luck.

Ayub S. Pathan, Legal Adviser, Mah. State,CID, Pune


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