what are the rights of wife in case of muslim marriage-in terms of compensation etc...
in case of cross cultural marriage i.e husband is muslim and wife is non-muslim(but she converts etc) what are the rights of the wife in the case of divorce- does she have right 2 receive compensation, maintenance allowance etc from ex-husband...or right over property of husband etc...?
plz only serious answers...its very imp..thanks. Right of a divorced wife according to Muslim law is very much limited as provided under the Muslim Women (Protection of Rights on Divorce) Act, 1986. Basically what ever she gets under this Act is provided in section 3 of this Act, Maher or other properties of Muslim woman to be given to her at the time of divorce. - (1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to-
(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;
(b) where she herself maintains the children born to before or after he divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective date of birth of such children;
(c) an amount equal to the sum of Maher or dower agreed to be paid to her at the time or her marriage or at any time thereafter according to Muslim Law; and
(d) all the properties given to her before or at the time or marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends.
(2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due had not been made or apid or the properties referred to in clause (d) of sub-section (1) have not been delivered to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be.
(3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate may, if he is satisfied that-
(a) her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provisions and maintenance for her and the children; or
(b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause (d) of sub-section (1) have not been paid or that the properties referred to in clause (d) of sub-section (1) have not been delivered to her, make an order, within one month of the date of the filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband or, as the case may be, for the payment of such mahr or dower or the delivery of such properties referred to in clause (d) of sub-section (1) to the divorced woman:
Provided that if the Magistrate finds it impracticable to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period.
(4) If any person against whom an order has been made under sub-section (3) fails without sufficient cause to comply with the order, the Magistrate may issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal Procedure, 1973, and may sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said sentence being imposed according to the provisions of the said Code.
Other then this the Muslim divorce wife cannot claim any thing under this Act from her husband but she can claim for herself & her minor child maintenance under the provisions of section 125 of the Criminal Procedure Code before the divorce if she doesn't have means to maintain herself & the child in her custody. Basically the situation of Muslim divorcee wife is worst then any one can even imagine, I can only say this lady who was basically a non Muslim by conversion married a Muslim made a biggest blunder of her life, even if she wanted to marry this Muslim man she should have done so according to the civil form of marriage under the Special Marriage Act,1954 which would have bound this Muslim man not only for providing her & her child reasonable amount of maintenance even after the divorce rather the triple divorce this Muslim man now seek from this lady as according to his Muslim Shariat Law would not be possible had they married according to the civil form of marriage or even if they had married according to Muslim form of marriage they should have got that marriage registered under this Special Marriage Act so as to cover this marriage under the provisions of this Act & avoided such sorry & miserable situation for this Lady. All those who read this reply here make it a point to do get married according to the Special Marriage Act,1954 if you are not a Muslim & want to marry a Muslim person to protect your civil rights which may not get deprived as according to the Muslim Shariat Law. All Muslim readers can give a thumbs down & make a violation complaint against me & my reply but the legal position I tell here is not enacted by me but Parliament of India & being followed by the Courts in India, so best will be to give thumbs down & violation call to these two institution of India & not me a mere small citizen of the country. This the reason why I always propagate the implementation of compulsory common civil code as enshrined & promised in the Constitution of India to be implemented by the government of India but for religious & political reasons that is not been done making a large population of such female Muslim made to suffer in the name of personal law of the Muslim community. . Yes a lawyer should be consulted for any inter-religious marriage. Report It
thanks again...for ur reply...
bye...take care! Report It
If this is in America, it should be no different than any other divorce. And by that I mean, the husband will be taken to the cleaners by the wife. If the divorce is in the united states, American law presides. Period. It depends on the location.
And even then, it has more to do with the laws of the country than the religion.
In the USA, both parties would have equal rights to all property, and either party may be eligible to receive alimony.
Both parties would have to appear before a judge to either agree to terms they had laid out before, or for the judge to help "figure out" what is fair to both.
but even in cases where they both "agree," the judge may not accept and make his/her own decision about what is fair. We don't have Sharia here. He, and you, will be treated like everyone else. |
