LawRato

How to handle maintenance case


09-Jun-2023 (In Muslim Law Law)
wife has demanded maintainance cost. she left my home in 20th Jan and file case in March. so kindly suggest how to handle it under muslim marriage act. I'm staying in delhi and the case was file at Muzaffarpur, Bihar
Answers (2)

Answer #1
935 votes
Well, she must have filed case under Section 125 of Code of Criminal Procedure. Muslim law shall not be applicable.....
It is advised that you get into a one time settlement with her and pay lump-sum and part way by having mutual divorce i.e. Khula or Mubarat.
If you would want divorce to be through judicial process then you may choose to file for declaration of your marriage to be annulled. The same shall be required to be filed before Family court having jurisdiction.

Alternatively, a joint Application can be filed before Quazi-e-Shariat Darul Quaza Islamic Court) for issuance of a Divorce Certificate.

Please consult in person for further advice.

Regards
Answer #2
876 votes
You have to approach a lawyer where case is filed and contest the matter on facts. You may have to pay maintenance if the Court finds allegations true. Its not clear what allegations she has made and ahether she is earning brsides your financial condition will also be important in deciding issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."