• Maintenance

My son had to divorce (talaq) his wife, who was a psychotic patient. She is now claiming 2.5 lakhs per month as maintenance for herself and one child, the custody of which child we are claiming under Guardians and wards act. The divorce had to be done for many reasons. To give a short outline, the fact of her mental illness was suppressed from us, even after marriage, we could not gauge the extent of the gravity. My son with utmost stoicism, took care of the girl, to the total  neglect of his own welfare and happiness. when the girl got a relapse of psychosis after child birth, they jumped to put the blame on my son, heartlessly and cruelly, to say that he caused the attack by negligence. We were all totally heart broken, but the girl was clinging to my son, and she quarrelled with her parents for accusing her husband, who was taking such good care of her. She asked them, 'do you want to spoil my happiness, dont interfere in our marriage..'  
She conceived again. but now she began to yield to the vehement brainwashing of her parents and sister, and began to say that my son caused her mental illness. All we wanted was for the parents to come out with the whole truth about her mental illness, and give us her past medical records, they didnt, but threatened us. the situation looked dangerous, and when there was no chance of reconciliation, my son pronounced talaq. immediately they went to court, challenging the talaq and claiming maintenance.
in our arguments, can we say that we cannot give the girl any maintenence, but will give maintenance to the child. Will this offer be helpful or have any legal repercussions, will it be construed as admission of any guilt. please advise.

Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Muslim
1) what is the income of husband ? 

2) is wife working or not ? 

3) if she is working court won't award her maintenance 

4) if she is not working she is entitled to maintenance for herself and the child 
Ajay Sethi
Advocate, Mumbai
45747 Answers
2692 Consultations

5.0 on 5.0

Hi, as per law it is the duty of the husband to maintain his wife and children.

2. She may claim any amount but thing is that she has to prove the income of your son.

3. As per  law  according to the status and financial capacity court will order for maintenance and not her wills and fancy.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

First of all the marriage was solemnised suppressing the fact material to marriage hence as per law they have cheated and played fraud upon your son. 
Well now the talaq has been pronounced, the civil court cannot interfere in this decision especially with the given facts. 
Now she has approached court for maintenance too, the court may decide about the maintenance on the basis of merits in your side. 
Your son can very well inform court that he is ready to pay maintenance to the child and can repudiate her claim owing to the suppression of her mental illness which prevailed even before marriage.
You have to prove her mental illness dating to pre-marriage era with the documentary evidences in your possession/support. 

Maintenance under section 125 Cr.p.c. is applicable to the people belonging to all the religions.  It is a relief under central law for the depressed who have been meted out with injustice.
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

1) Under the Islamic laws the divorced wife is entitled for maintenance only during the iddat period.This however has been the law until April this year when the Supreme court provided reliefs to divorced Muslim Women in a land mark Judgement. The divorced wife can file for maintenance under section 125 of Cr.P.C. Let me quote for your benefit.

 In a significant verdict, the Supreme Court has held that a Muslim woman will be entitled to maintenance from her husband even after divorce and she can file an application before a magistrate court.

Quoting an earlier Constitution Bench verdict, a Bench of Justices Dipak Misra and Vikramajit Sen said: “A Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well.” Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period. His liability, arising from Section 3 of the Muslim Women (Protection of Rights on Divorce) Act to pay maintenance, “is not confined to the iddat period.”

(Iddat is the waiting period after a declaration of divorce.)

Writing the judgment, Justice Misra said: “A divorced Muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under Section 4 of the Act against his relatives, who are liable to maintain her.” 
The Bench said: “An aspect which has to be kept uppermost in mind is that when the marriage breaks up, a woman suffers emotional fractures, fragmentation of sentiments, loss of economic and social security and, in certain cases, inadequate requisites for survival. A marriage is fundamentally a unique bond between two parties. When it perishes like a mushroom, the dignity of the female fame gets corroded. It is the law’s duty to recompense, and the primary obligation is that of the husband. Needless to emphasise, the entitlement and the necessitous provisions have to be made in accordance with the parameters of law.” 

2) Therefore considering the ruling you need to be prepared to settle maintenance. Try to negotiate the amount and that is the best bargain.
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

Yes, section 125 of Cr.P.C. will be maintainable upon Muslims too after the Shah Bano Case.

if she is able to maintain herself then only she can be denied to get maintenance otherwise not.

Maintenance is her right as per Indian Law and as per Quran too.

Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

1. The divorced Muslim wife can claim maintenance under the provisions of CrPC. Her claim to maintenance can be contested on the ground that she has the financial sources of her own to maintain herself. 

2. It will not amount to admission of any guilt if you offer to maintain the child. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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