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Is maintenance given to working women after divorce under Muslim law
27-Jul-2023 (In Divorce Law)
I'm 34 year old govt doctor got divorce as per muslim law. I've 4yr old female child. My ex wife is a mbbs doctor. She is asking 30000rupees for her and Rs.20000 for child for maintainance under 125 cr.p.c
HI,
if you got divorce from your wife as per law she can claim maintenance for the child welfare.
under section 125 CRPC if she is working as doctor she can not claim maintenance for her and child.
even though she is not working there are some supreme court decisions which clearly says if wife is well
educated and can maintain her self for the purpose of filing 125 CRPC if she resigns from the job or left the job she will not entitle for the maintenance.
if you got divorce from your wife as per law she can claim maintenance for the child welfare.
under section 125 CRPC if she is working as doctor she can not claim maintenance for her and child.
even though she is not working there are some supreme court decisions which clearly says if wife is well
educated and can maintain her self for the purpose of filing 125 CRPC if she resigns from the job or left the job she will not entitle for the maintenance.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Hi
If you are divorced under Muslim Law, then your wife cannot claim maintenance under Cr.p.c
However your child can claim maintenance under Cr.P.C.
So you should contest the claim of your wife citing muslim law's and agree for maintenance under Cr.P.C
If you are divorced under Muslim Law, then your wife cannot claim maintenance under Cr.p.c
However your child can claim maintenance under Cr.P.C.
So you should contest the claim of your wife citing muslim law's and agree for maintenance under Cr.P.C
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Though the law has given the divorced wife, a right to claim maintenance under Section 125 cr.p.c. However, your earnings and the lifestyle prior to divorce and her earnings will be considered to decide the quantum of maintenance. We can fight the matter in court else it will be decided ex parte.
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Triple Talaq is a type of Divorce in Islam. Check out the rules related to triple talaq and validity of triple talaq (talaq ul biddat) here at LawRato.
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