LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sharmilla ram (general manager)     27 October 2009

maintence for muslim lady

hi to all.i ve one question.please reply any lawyer but if any muslim lawyer who know about muslim personal law in india ,muslim protection 1986 n court interpetition.

i marre 1998.she left my house 2004.in 2006 she had file case 498a in feb.in may crpc 125.she got xparty order,since may 2006 i ve been paying maintence.no child.in 2008 she had filed case under crpc127 for increment maintence.i want to give divorce in the court when she will come in the court for the trail of 127crpc.judge will be defnetly witness of the divorce.in mean infront of the court i want to give divorce.at the time of nikah i ve paid maehar.my question is after divorce can i liable to pay maintence ,if yes then which basis my trail will run under crpc or muslim act.in muslim act once the maintence will be allotted then no incremental latter on.please reply straight away.



Learning

 7 Replies

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     27 October 2009

 Even though you are a muslim, you are an Indian also.  proceedings under Cr.P.C. will be continued.  

sharmilla ram (general manager)     27 October 2009

mr biju.read muslim protection law which is introduced by rajiv gandhi after shah bano case.in this law only divorce muslim women is eligible.please read n reply.yes i m an indian n i proud to be an indian but in india dowery is probihted for all or only for hindu cuz according to ur concept every muslim girl is taking dowery from husband which is called mehar.can u define mr biju what is the assumtion of the court which girl is taking money from husband.if court will consider as mehar then deffnetly there is certain law for muslim n hindu.muslim can marry four wifes but hindu no which law court consider it means there is some personal law for muslim.

Shree. ( Advocate.)     27 October 2009

.

In Peer Mohd. Vs. Hasinabee (1995 JLJ 110), it. is held that
husband gave divorce to his wife after fixation ofmaintenance by the trial court u/s. 125 of the Code divorce was not given during proceedings before trial court. hence divorce at revisional stage makes no change. Provisions of Muslim Women Act do not govern the case.
In Abdul Rashid Vs. Smt. Farida's. (1994 MPLJ 583) judgment, relying on Apex Court's decision M.P. High Court has reiterated that Sec. 125 of the Code is a secular provision. It applies to all persons belonging to all religions and
has no relationship with personal law of parties. Right to maintenance u/s. 125 of the Code is not taken away by Muslim Women Act. On divorce Muslim woman's application will bo.qovemed by the said Act from date of
divorce. Husband is liable to maintain her during iddat period only and not thereafter. Every application under Sec. 125 of the Code made before or after divorce would be governed by 1986 Act. Under Sec. 4 of this Act, a divorced woman can obtain maintenance for post iddat period from her
children, parents. other relatives and State Wakf Board, if there is any, if show avails this remedy.
 
Interpreting the words "within" occurring in Sec. 3(1 )(a) of the Act. the Full Bench held "It clearly means that is an obligation on the part of Provisions of Sec. 3(1)(a) and Sec. 125 of the Code were interpreted by a Full Bench of Andhra Pradesh High Court In Usman Khan Rahamani Vs. Fathimunnisa Begum. 1990 Crl.L.J. 1364. The Full Bench held that:
"Muslim woman shall be entitled to a reasonable and fair
maintenance within the Iddat period to be made and paid
by her former husband. it is equally clear that r.easonable
and fair provision and maintenance has to be made and
paid by the husband within the period of Iddat, which has
been defined under S.2(b) of the Act. There is nothing in
the section which can be read to mean that the husband
is liable to make reasonable and maintenance beyond the
period of lddat' Act, if the parties to the proceedings. on the first date of hearing, exercise their option in that regard either jointly or separately. It Is difficult to hold
that the provisions of the Act would apply to proceedings. already concluded u/s. 125 of the Code. The provisions contained in Sec. 125 are beneficial provisions incorporated in the Code for safeguarding the interest of deserted/divorced hapless women. who are unable to maintainthemselves. As IS apparent from the nomenclature of the 1986 Act, this
Act was enacted by the legislature with a view to protect the rights of divorced Muslim women. Keeping the above object of enacting these provisions in mind, the correct interpretation of Sec. 7 of the Act would be to hold that the orders passed by the Magistrate under the provisions of
Sec. 125 of the Code prior to the coming into force of the Act, would continue to remain valid and enforceable even after the commencement of the Act. Any other interpretation would frustrate the very purpose enacting the 1986 Act.
In Julekha BI Vs. Mohammad Fazal, reported in 1999 (2) MPLJ 64, a single JUdge of M.P. Court has interpreted the implications of Sec. 125 of the Core and of Sec. 3 of Muslim Women Act. In that case, order of maintenance was passed in favour of Muslim wife under Sec. 125 of the
Code. Thereafter. husband gave divorce to his wife. When wife enforced the order of maintenance, the husband opposed it on the ground of subsequent divorce. High Court held that divorced wife IS not entitled to get maintenance from her husband after the period of iddat. The words in Sec. 3(1)(a) "within the iddat period" lay stress on the
urgency of making or paying and they cannot be read as confining the husband to provide fair and reasonable maintenance to his divorced wife within the period of Iddat and for the period of Iddat only." It cannot be interpreted that this liability of the husband extends beyond the period of Iddat. To take a contrary view would result in complete negation of the principles envisaged under S.3 (1)(a) of the Act of 1986 and defeat the very purpose of the Act. SA casts liability on the relatives or the wakf Board to pay maintenance to the divorced woman of the divorced woman
if the divorced woman has not remarried or is unable to maintain herself after the Iddat period. Their Lordships also held that the word 'provision' and 'maintenance' in Sec. 3(1)(a) convey same meaning. They cannot be read as meaning two different things. Liability of husband to pay
maintenance as well as to make reasonable provision are confined only to the period of Iddat. This was the view of Justice Ramanujulu and JusticeSardar Ali Khan of this Bench.

sharmilla ram (general manager)     28 October 2009

my simple question is if i will give divorce to my wife.can the proceeding of crpc127 will stop or it will run as per merits cuz once u will divorce then she has no right to claim my property.i ve been paying maintence since feb2006 and she refused to stay with me .its recorded statement in the high court lower court n district court by the girl.in india judge are king they think they can give any order to anyone.no judge is binding or follow law or consitiution of india, there is no check n balance for judge i feel bounch of joker r sitting in the court.the best example i would like to give u which recent happened in punjab.5 member of the family convicated charge of murder n kidnaping n all of then in jail last 8 yrs one of them died in the jail.sudnely the ghy appear who was murder 8yrs back.now tell what is the judgement.its right or wrong.just sitting n mockery.no punishment for judge.there should be punish to judge,in my case my wife is giving all oral statement in maintence case still judge never asked do u ve any document proof.see the judge attitude n she has refused to join me n its mention in the order but judge allowtted maintence.

Aftab4u (PVT EMPLOYEE)     10 December 2009

Pls correct ,

There are 2 judgements.

1.Honble SC judgement that maintenance should be given after iddat period also

2.In Peer Mohd. Vs. Hasinabee (1995 JLJ 110), it has been given that only iddat period it is applicable.

Pls advise.

Aftab

Khaleel Ahmed (Legal Advisor)     13 December 2009

You are advised hereby that, you are a muslim husband. It is not necessary for you to pronounce talaq in presence of Court. You can pronoune talaq at any time and any where without any reason.Rest about the orders passed under section 125 of Cr.Pc. As soon as you pronounced Talaq, the same you have to inform  the concerned court through fiing a MP in the same MC.The court will pass appropriate orders.

.Later your wife`s maintanance case will be dealt according toThe Muslim Women (Protection of Rights on Divorce) Act, 1986.

1 Like

syed (Branch incharge)     04 June 2011

Mehar is not dowry its a gift from husband

A woman has rights to demand mehar at the time of nikah with husband as per his financial conditions but she cannot demand mehar beyond his financial conditions ( now that is what is happening in arabic countries where womens are demanding more Mehar eventhough they new the persons financial conditions) thats why most of the Arab - Men prefer to marry out of arabian region.

A man cannot demand anything form wife before or after nikah except love/ romance and affection,

If woman seek khula from husband then she must returned back Mehar to husband, also as per her financial condition if husband ask more than Mehar ( whic is reasonable) then she can. If her financial condition is poor even she used mehar then husband has to decide to fogive mehar or not.

If man talaq women then he must provide her IDDAT period maintenance and Mehar ( if he didnt give Mehar during Nikah process - if he has given Mehar in Nikah then no need of Mehar again) and a gift ( that could be a lumsum amount or ornamunts) as per his current financial conditions.

So the gift which is providing apart from Mehar and IDDAT period maintenance - that is what is women future maintenance - but wife cannot demand that gift beyond the reasonable cost ( unless they have children - that they hav to settle the issue before the completion of process)

Wife cant expect Mehar/ Maintenance and gift from husband if she seek khula

husband is not responsible of wife maintenance after the talaq - as he already provided the Mehar. IDDAT period maintenance and gift.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query