please help!
26 Dec 2012, 18:33
ok so this muslim woman(residing in Kanpur, Uttar Pradesh) has been maried to this muslim guy under muslim personal law for the past 15 years. they lived together for 10 years and had 4 kids, then the man married a HINDU girl and absconded to west bengal. now the problem is that the wife is unable to maintain the children all by herself. Her financial condition is extremely weak. please suggest some plausible legal measures and how much will they approximately cost her? ALso.\, the biggest challenge here is that the man has run away to another state and summoning him to court will be a herculean task in a place like uttar pradesh. kindly respond asap
2 Replies
Section 125(3) of the Code of Criminal Procedure entitles a Muslim wife to live separately and receive maintenance from her husband if he contracts a second marriage. Consult a lawyer in your area for this. Don’t bother about the absconding husband, the Court sends summons to the last known address and may even take up the case ex-parte (in absence of the husband). The order passed shall be applicable on the husband.
there is provision of maintenance u/s 125 of crpc ,which is also available to muslim womens…even muslim women can ask for maintenance under this provision…now problem regarding that muslim guy run could be solved…u could send summon on his local address…or on his parents or family adress…