Brief facts of the case:
Muslim deserted or neglected wife can also claim her maintenance u/s. 125 of Cr.P.C.
A case held by the Hon'ble High Court ofA.P., in the case of X ( wife ) Vs. Y (husband).
Y neglected his wife (X) and his children. Then X filed a case for maintenance for her and their children before the Judicial First Class Magistrate. After filling of the case, the husband had given talak. Thereafter the court below conducted a detalied enquiry and found that there is negligence on the part of the husband. Therefore the court below granted mainteance of Rs. 500/- for each p.m. total 1500/- ( before the amendemant of the Cr.P.c 2003) as per that they granted the said amount. Against the order of the Court below the husband Y filed a crl.Appeal before the District Judge. The husband contended that u/s Sec. 3 of the Muslim women (protection of rights on divorce ) Act, 1986 and that his wife is entitled for maintenace for a period of 3 months only and not under section 125 of Cr.P.c. As far as children are concern no argument were submitted. The wife contended that her husband negleted her and children and had illegal contacts with another lady. Ultimately, the Hon'ble District Judge had an opinion that at the time of filing of the maintenace case, the wife had not filed affidavit u/s 5 of the Muslim women (protection of rights on divorce ) Act, 1986 and a;lso not complied the rule 8 of said act. moreover, in view of full bench decision reported in AIR 1991 the wife is not entitled mainteance beyond the iddat period. Hence the Appeal allowed.
Agaist that the wife preferred Revision before the Hon'ble High court of A.P. and the wife contended that she is not divorced wife as on the date of filing of the case and subsequent divorce also not valid one. Therefore the revision petition may be allowed. After hearing the both the parties, and found that the Muslim Women (Protection of rights on divorce) Act has no application in this case. The wife and children can also claim maintenance u/s section 125 of Cr.pc also and set- asided the order of the district judge and confirmed the order of the court below. As per the order of the Hon'ble High court She and her are entitled to get the amount. of Rs.2, 35,000/-.
This case was filed by me before the Hon'ble High Court of A.P. and got the favourable orders for the wife and children.
Muslim deserted or neglected wife can also claim her maintenance u/s. 125 of Cr.P.C.
A case held by the Hon'ble High Court ofA.P., in the case of X ( wife ) Vs. Y (husband).
Y neglected his wife (X) and his children. Then X filed a case for maintenance for her and their children before the Judicial First Class Magistrate. After filling of the case, the husband had given talak. Thereafter the court below conducted a detalied enquiry and found that there is negligence on the part of the husband. Therefore the court below granted mainteance of Rs. 500/- for each p.m. total 1500/- ( before the amendemant of the Cr.P.c 2003) as per that they granted the said amount. Against the order of the Court below the husband Y filed a crl.Appeal before the District Judge. The husband contended that u/s Sec. 3 of the Muslim women (protection of rights on divorce ) Act, 1986 and that his wife is entitled for maintenace for a period of 3 months only and not under section 125 of Cr.P.c. As far as children are concern no argument were submitted. The wife contended that her husband negleted her and children and had illegal contacts with another lady. Ultimately, the Hon'ble District Judge had an opinion that at the time of filing of the maintenace case, the wife had not filed affidavit u/s 5 of the Muslim women (protection of rights on divorce ) Act, 1986 and a;lso not complied the rule 8 of said act. moreover, in view of full bench decision reported in AIR 1991 the wife is not entitled mainteance beyond the iddat period. Hence the Appeal allowed.
Agaist that the wife preferred Revision before the Hon'ble High court of A.P. and the wife contended that she is not divorced wife as on the date of filing of the case and subsequent divorce also not valid one. Therefore the revision petition may be allowed. After hearing the both the parties, and found that the Muslim Women (Protection of rights on divorce) Act has no application in this case. The wife and children can also claim maintenance u/s section 125 of Cr.pc also and set- asided the order of the district judge and confirmed the order of the court below. As per the order of the Hon'ble High court She and her are entitled to get the amount. of Rs.2, 35,000/-.
This case was filed by me before the Hon'ble High Court of A.P. and got the favourable orders for the wife and children.
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