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Ayesha's Fight for Maintenance Rights

Mr. Riaz and Ms. Iswarya married under Muslim personal law after Ms. Iswarya converted to Islam and changed her name to Ayesha. After marriage, Mr. Riaz began demanding a large dowry and treating Ayesha poorly. He abandoned her when she was pregnant. Ayesha later gave birth to a daughter but Mr. Riaz refused to accept them without receiving a dowry. Ayesha filed for maintenance for herself and her child under section 125 of the Cr.P.C. citing Mr. Riaz's monthly income of Rs. 30,000. While the case was pending, Mr. Riaz divorced Ayesha. The courts had to determine if

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Shailvi Gupta
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394 views2 pages

Ayesha's Fight for Maintenance Rights

Mr. Riaz and Ms. Iswarya married under Muslim personal law after Ms. Iswarya converted to Islam and changed her name to Ayesha. After marriage, Mr. Riaz began demanding a large dowry and treating Ayesha poorly. He abandoned her when she was pregnant. Ayesha later gave birth to a daughter but Mr. Riaz refused to accept them without receiving a dowry. Ayesha filed for maintenance for herself and her child under section 125 of the Cr.P.C. citing Mr. Riaz's monthly income of Rs. 30,000. While the case was pending, Mr. Riaz divorced Ayesha. The courts had to determine if

Uploaded by

Shailvi Gupta
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

STATEMENT OF FACTS

1. [Link] aged 25 Years working as a clerk in a Commercial Bank at Niwai fell in love with
Miss Iswarya, aged 22 years. They desired to marry. But the proposal of Marriage was not
acceptable to the parents of Riaz, as the girl being Hindu. In order to solemnize the marriage
with Riaz, Iswarya converted herself to Islam and changed her name as Ayesha. Their marriage
was solemnized as per Muslim personal law on 2-1-2007.

2. However, after the marriage, [Link] began to ill-treat her demanding a huge amount of
dowry from Ayesha’s parents. Riaz’s parents also joined hands with him to ill-treat Ayesha
finally, [Link] on 1-8-2007 left Ayesha at her parents’ home for want of dowry, knowing pretty
well that she is pregnant.

3. On 15-2-2008, Smt Ayesha gave birth to a female child at her home. The birth of child was
communicated to [Link]. But [Link] refused to receive the child and Ayesha as his desire for
dowry has not been satisfied by her parents owing to their poor financial position.

4. [Link] filed a petition for maintenance to herself and to her child under section 125
Cr.P.C inTonk Family Court on 25-12-2009. She claimed maintenance of Rs.15, 000/- per month
as her husband [Link] is earning salary of Rs.30, 000/- per month.

5. The respondent [Link] denied all the allegations and asserted that she has been living with
her parents on her own free will and thus deserted him since 1-8-2007. 6. While the maintenance
petition was pending before the Family Court, [Link] pronounced irrevocable Talaq on 2-3-
2010 to dissolve his marriage with Ayesha.

7. [Link] contended that under the provisions of the Muslim Women (Protection of Rights on
Divorce) Act, 1986, he is no more liable to pay any maintenance to Ayesha and her child after
Talaq.

8. However, the Family Court, Tonk directed the respondent [Link] to pay Rs.9, 000/- per
month to wards, maintenance to Ayesha and her child from the date of petition, till the
completion of “Iddat Period”.

9. Smt. Ayesha, aggrieved by the decision of the Family Court, preferred an appeal to the High
Court of Rajasthan claiming maintenance beyond “Iddat Period”.

10. The High Court of Rajasthan also confirmed the decision of the Family Court. Therefore,
[Link] preferred an appeal to the Supreme Court with special leave of the Apex Court,
challenging the decision of the High Court of Rajasthan.

ISSUES RAISED

1. Whether appellant and her child is entitled to claim maintenance u/s 125 Cr.P.C. or not?
2. Whether the Appellant can claim for maintenance beyond Iddat period?

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