Can Muslim Women Claim Maintenance? - Fixanswer

In such a situation the wife can recover her unpaid dower by maintaining an action in a court of law . She may realise it from husband in the same manner as a creditor recovers his loan. If the husband dies, the widow is entitled to recover the amount by filing a suit against the legal heirs of the deceased husband.

Can a Muslim woman file for divorce in India?

Marriage and divorce

Section 5 of the Shariat Act of 1937 concerns Muslim women seeking divorce. Section 5 was subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Muslim women can seek divorce in a court of law .

Can a woman claim maintenance?

Married women in India are entitled to claim maintenance (both interim as well as permanent) under general laws as well , notwithstanding their right under their respective personal laws.

Can a working wife claim maintenance?

With the passage of time, the ‘home maker' status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. Infact, she has successfully established herself as a working woman.

What do you mean by Muta marriage?

mutʿah, (Arabic: “pleasure”) in Islamic law, a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner . Mutʿah is referred to in the Qurʾān (Muslim scriptures) in these words: Related Topics: Shiʿi marriage.

What is remission of dower?

Remission of Dower

Remission means to remit or give up . Wife is empowered to remit the Dower if she wants. Remission of dower is solely on the discretion of wife. It is open to lady to relinquish her entire dower debt in whatever claim she had on account of the dower debt against the heir of his husband6.

What is dower debt?

Dower is a debt like all other debts and must be paid before the heirs are entitled to take anything . 4 It is a debt chargeable against the general estate of the deceased husband. 5 The dower is due from the whole estate; both partible and impartible properties are liable for it.

What are the rules of divorce in Islam?

Divorce is not something that is forbidden in Islam. Under the Quran, a husband can leave his wife for up to four months in a trial separation . Once that four-month period has elapsed, the husband and wife are to reunite to continue their marriage or obtain a divorce.

How do Muslims seek divorce?

The husband's divorce pronouncement can be verbal or written, but it must be done once. ...
If, however, the wife initiates the divorce, she can either return her dowry to end the marriage, or petition a judge for divorce.

Can a woman marry her husband after Khula?

Even if he gives her back her dowry or whatever she pays him to release herself, still he cannot reinstate the marriage. What can be done is that they can marry anew, with a new marriage contract . This is certainly subject to her agreement. If she refuses, he cannot pressure her in anyway.

Can wife maintenance without divorce?

yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment . you can too file a complaint under the domestic violence act for payment of maintenance.

Is it compulsory to pay maintenance to wife?

The Court said 25% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried. The section 125 states the wife asking for maintenance can be of any age—minor or major. It is mandatory for her to be a legally married woman .

How can I avoid paying maintenance for my wife?

you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you . ...
if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . ...
even if you take personal loans your maintenance wont be reduced .

Can maintenance be denied?

Now if there is an agreement that both spouses are living seperately and will not claim maintainance then this can be a ground to deny maintainence . The second ground on which she would not be entitled to Maintenance Allowance is the ground of her refusal to live with her husband without any sufficient reason.

Can husband ask for maintenance from wife?

Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband.

How much maximum amount can a wife claim as maintenance?

The spouse with less income or no income can get a maintenance amount which is equal to 20% to 30% of the total monthly income of the other . As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husband's income. The aforesaid limit is applicable in case of monthly payout.

Is Mutah halal?

The Gharab al Quran, the dictionary of Qur'anic terms states, The people of Faith are in agreement that Mut'ah is halal , then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halaal in the same way it was in the past.

Is Muta marriage legal?

It is a ‘marriage for pleasure' for a fixed period of time, also known as temporary marriage. The institution of muta, which was fairly common in Arabia before and at the time of the prophet, is now not recognized by any school of Muslim law in Indian, except the Ithna Ashari Shiite or Shia school .

What is a temporary wife in Islam?

The temporary marriage, or nikah mut'ah, is an ancient Islamic practice that unites man and woman as husband and wife for a limited time . Historically it was used so that a man could have a wife for a short while when travelling long distances.

How many types of marriage are in Islam?

Some purposes include; companionship, reproduction, stability, security, joint economic resources, physical assistance in labor and “love.” Marriages are of two types; monogamous and polygamous .

What is Mahar in Islam?

Maher (alternately transliterated as mahr, mahar, mehr, or mehrieh) is a contract some Muslims enter into upon marriage . In Islamic law, it is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property, as a mark of respect for the bride, and as recognition of her independence.