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Muslim man told to pay maintenance to ex-wife Submitted by admin3 on 18 June 2011 - 9:46pm Indian Muslim By IANS, New

Delhi: The Delhi High Court has rejected a Muslim man's plea that he could n ot be forced to pay maintenance to his former wife under the domestic violence l aw as it did not apply to Muslims. The court disagreed with Syed Mohammed Nadeem's plea that the domestic violence law did not apply to Muslims as they have a separate Muslim Women (Protection of Rights on Divorce) Act, 1986, to look after the needs of divorced women. Justice Rajiv Sahai Endlaw, in an order given June 15, dismissed his claim that his ex-wife's plea for maintenance could not be entertained as it was filed afte r their divorce. The court told Nadeem to pay Rs.8,000 per month as interim maintenance to his ex -wife, with effect from March 2011. The court refused to grant stay on its earlier order directing him to pay her ma intenance. Nadeem failed to satisfy the court by citing judgments from different high court s. "No case for granting interim stay is made out," the court said. Nadeem submitted before the court that the Protection of Women from Domestic Vio lence Act, 2005, Section 23 (power to grant interim and ex-parte order) regardin g maintenance would not be applicable to Muslims owing to Sections 3 and 4 of th e Muslim Women (Protection of Rights on Divorce) Act, 1986. He contended that after their divorce, he and his wife could not be said to be i n a domestic relationship as defined under the domestic violence law. Disagreeing with him, Justice Endlaw said: "I do not find any merit in the above submission. The definition of 'aggrieved person' in clause (a) and (f), respect ively, of Section 2 of the domestic violence act uses the expression 'is, or has been, in a domestic relationship' and 'who live or have, at any point of time, lived together in a shared household'." "The said words are wide enough to cover even divorced couples," said the court. The judge also gave its finding that the Muslim women act would not come in the way of applicability of the provisions of the domestic violence act on Muslims. "However, the said aspect also requires further consideration," said the court, issuing notice to the Delhi government seeking its response by July 18. Nadeem had sought quashing of a complaint filed by his ex-wife under the Protect ion of Women from Domestic Violence Act, 2005, and a court order passed March 1 directing him to pay an interim maintenance of Rs.8,000 per month to her. Share Comment viewing options Select your preferred way to display the comments and click "Save settings" to a

ctivate your changes. This is ridiculous.Anti women Submitted by salafi (not verified) on 19 June 2011 - 4:36am. This is ridiculous.Anti women and anti man and anti family judgement. repurcussions of this judgement will be 1)Husbands will have to pay&reward wives who quarell with the in laws deliberately on one pretext or other to extract husbands wealth property and children. 2)Husbands cannot marry another good woman as it will be economically not viable . 3)Husbands will not give divorce and try to find other "means"to ged rid of wive s. 4Youth will not marry legally and exploit many many girls through Dating live in relationship etc. 5)Family life will be totally in disarray giving rise to millions of parentless children . supreme court should intervene and quash this unjust judgement. muslims should not be greedy and fear Allah to take their disputes to anti islam /muslim courts. its forbidden by Prophet(saas),and Quran. reply Share

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