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How can I file for divorce and claim maintenance under Muslim law
13-Apr-2023 (In Muslim Law Law)
My husband and my inlaws illtreated me since day one of my nikkah. They never allowed me to live happily with my husband. Neither my husband supported me. They also demanded a flat from my parents. From past five months, i am staying seperately in my mom's home along with two sons. My husband never asked once also about his children past five months. He didn't contact me nor he wish to reconcile. I want to teach my husband & his parents a good lesson. I didnt go to police or any lawyer till now. i want divorce and maintenence for my kids. Please advice me keeping muslim law in mind. Thank you.
By Dissolution of Muslim Marriages Act 1939 : A woman married under Muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or more of the following grounds: 1) wearabout of the husband is not known for 4 years 2) husband fail to give maintainance for 2 years 3) husband has been sentenced for 7 years for imprionment 4) fail to perform his marital obligations for a period of three years.
According to The Muslim Women Act, 1986 a Muslim women is to be awarded maintenance by her husband only during the iddat period and not after that. But in case if she is financially not independent and needs maintenance than in that case her relatives who would get the share of her property will award her with maintenance.
In the scenario where she does not have any such relatives than the State Waqf Board has to pay her the maintenance.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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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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