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Ibrahim (Associate)     23 August 2013

Maintenance for divorced muslim women

Dear Experts,

1. My wife-Muslim women(before divorce) filed DV case with total false allegations and expressed her desire of separation and filed a petition for Interim maintenance under sec 23 of DV.

2. Summon not served to me till date. I executed talaq and sent her via registered post, they ackonowledged it. Mehr was paid at time of marriage and Idaat period maintenence also i sent.

Please let me know whether she is eligible for Interim Maintenance under sec23 of DV or Protection of Mulim women on Divorce Act 1986. My lawyer is not much helpful. Please help me with your  your advices.




 4 Replies

Mohammed Sajid Khan (Advocate)     24 August 2013

In case of circumstances mentioned in Sec. 3 and 4 of THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986, she is entitled for maintenace from ex-husband.

Relief by wife can also be sought under DV Act and CrPC 125.

As i mentioned earlier, it all depends upon her present status/circumstances.

Ibrahim (Associate)     24 August 2013

Dear sir,

Does Muslim women Act 1986 has precedence over maintenance under DV act ?



Mohammed Sajid Khan (Advocate)     25 August 2013

There is no question of precedence of any act. According to Sec.20 of DV act, maintenance under DV act is in addition to an order of maintenance under CrPC.125 or any other law. So it all depends on your case, how she / her lawyer has approached this case.

Ibrahim (Associate)     25 August 2013

Dear sir,

Thanks for making it clear.

Her lawyer filed petition under the following sections 12, 19(2)(5), 20(1)(b),22 and 23(1)(2).

Separate affidavit filed for interim maintenance under section 23.

As you said sec 20(1)(b) is mentioned sir, when i gone throught the act it states Medical expenses. Is it right sir?



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