Maintenance after khula for me and my child baby boy.
4 years ago
I haven't took khula but in anger sent my husband msgs to give divirce and now he is using it and telling that I wanted khula.is it valid if at all now i don't want to divirce him.Another question is if at all it is khula will i and my baby boy will get the maintenance?if yes how much will we get
Sidhaarth
Responded 4 years ago
A.No, your message is not valid and the same is of no use. Your and your child are entitled to maintenance and amount may be upto 50 percent of income of your husband.
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Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
It will not work as khula. He is just threatening you. Any message cannot be recorded as khula until and unless you both signed before khazi
It will not work as khula. He is just threatening you. Any message cannot be recorded as khula until and unless you both signed before khazi
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Shreyash Mohta
Responded 4 years ago
A.Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a man spends on his family. The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not.
Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.
It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition.
The quantum of maintenance is not prescribed under any personal law. The court decides the quantum on the basis of the financial condition of husband and wife and any other circumstances relevant to the case.
The Shia Law decides the quantum of maintenance by taking into consideration the requirements of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband. Thus, the basis of determination of quantum of maintenance is different for different sub-castes of Muslims.
Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority.
While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child.
Regards,
Adv. Shreyash Mohta
Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.
It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition.
The quantum of maintenance is not prescribed under any personal law. The court decides the quantum on the basis of the financial condition of husband and wife and any other circumstances relevant to the case.
The Shia Law decides the quantum of maintenance by taking into consideration the requirements of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband. Thus, the basis of determination of quantum of maintenance is different for different sub-castes of Muslims.
Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority.
While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child.
Regards,
Adv. Shreyash Mohta
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