Upgrad LLM

maintenance

OFFICE ASSISTANT(MATERIAL MANAGEMENT)

I need a advice, I got married 5 years before and I have a son of 4 years and after some minor altercation my wife has been living separately with her parents and my efforts to bring her back all goes in vain. I filed a petition for restitution of conjugal rights and court pass the decree in my favour. She had filed under Section 125 of Code of Criminal Procedure 1973 for maintenance of herself and minor male child. What about maintenance. Should I have to pay her for the lifetime if she can’t marry with anyone? Is divorce necessary for re-marriage in muslim personal law? After marriage, if 1 or 2 children I’m having and my income is not such then still I have to give maintenance? We are muslim, Is any another law for me regarding said case. In Jharkhand state, what will be maximum amount per month paid under Section 125 of Code of Criminal Procedure 1973.

 
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Legal Consultant/Lawyer

 

Should I have to pay her for the lifetime if she can’t marry with anyone?

No need to pay maintenance to her for life time, it is only for “Iddat Period (3 months)” in addition to "Meher" and some amount as per Quran, if you pronounce Talaq to her;

 

Is divorce necessary for re-marriage in muslim personal law?

Divorce is not necessary if you want to second marriage; but it is necessary in case of re-marriage for your wife.

 

After marriage, if 1 or 2 children I’m having and my income is not such then still I have to give maintenance?

If you are marrying second, then you need to pay maintenance only to “Son” of your first wife, if you pronounce talaq in addition to reply of first query.

 

We are muslim, Is any another law for me regarding said case.

Need clarification for this query; As per the circumstance of cases Indian Law will be applicable to you.

 

In Jharkhand state, what will be maximum amount per month paid under Section 125 of Code of Criminal Procedure 1973.

It depends upon the circumstances, your income and requirement of the petitioners (wife, till you pronounce Talaq and for son)

 


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ya its correct

 
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Practicing Advocate

I fully agree with the advice of Ejaz sir except on the point of maintainance. The liability  of the husband to provide maintainance to the wife after divorce is not limited  only upto iddat period, as per the recent apex court judgement, a muslim wife is entitled to claim maintainance after iddat period also.

 
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Practicing Advocate

This is w.r.t. maintainence u/s.125 crpc.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I do agree with Mr. Ahmed

 
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OFFICE ASSISTANT(MATERIAL MANAGEMENT)

1.            Thanks to Mr. Aejaz Ahmed.

 

2.            My case is as follows “I am married 5 years before as per the muslim custom on 08 day of November 2005 soon allah blessed me a soon on 4 day of feb 2007. After 2 years  our relation becomes tense and she started living with her parents. I tried my level best to bring her back but all my efforts became futile. In due course of time I have applied for restitution of conjugal right which she never attend and I got ex-party decree. When she got the notice of conjugal right case she filed a case of maintenance under section 125 and a criminal complaint case under section 498A/323 and 406 at her native place. I got the bail from high court and I attend both the cases regularly. In due course of time we both gone counseling at High Court where she refuses to come with me in written and added in written that I with my family is torturing her for dowry and she has a doubt that we will kill her and her son  so, there is no place for any solution/resolution in future also. Still I have a hope that the day will come when her father  get retirement and her earning brother be married then she may join me so I have not approached for divorce. The maintenance case is at peak and I know if she would become able to get any maintenance then she will never come. For this  I approached lawyers, they told me that for muslims there is no separate law for maintenance case and I have to follow the same clause as in Cr Pc. 125”.

 

3.            My queries are

                 (i)      I have heard that in 1986 a separate law for muslims regarding maintenance     was made is it correct. If yes then how should I get the benefit of that?

                 (ii)    As per Mr. Aejaz Ahmed "No need to pay maintenance to her for life time, it is only for “Iddat Period (3 months)” in addition to "Meher" and some amount as per Quran, if you pronounce Talaq to her". Please tell me which step should I take for this purpose.

                 

 
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OFFICE ASSISTANT(MATERIAL MANAGEMENT)

As per you "No need to pay maintenance to her for life time, it is only for “Iddat Period (3 months)” in addition to "Meher" and some amount as per Quran, if you pronounce Talaq to her". Please tell me which step should I take for this purpose.

SAMEER

 
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