Statutory Acts or Procedural Law in Muslim Woman’s Right to Maintenance?

  • Pragyanshu Gautam
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  • Pragyanshu Gautam

    Student at Hidayatullah National Law University, Raipur, India.

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Abstract

Among the persons entitled to maintenance under Muslim law, unlike the English Law, an obligation of the Muslim man to maintain his descendants, ascendants, collaterals, and wife. This arises from three ‘causes’ of marriage, relationship and property. Thereupon, it is the only wife possessed of the property sufficient for her maintenance in a legal sense; it is food, clothes and lodging. She “can claim to be maintained at the expense of her husband as her right to maintenance” as in the nature of consideration for her “marriage” in this case or situation contract. Regardless of the husband is indigent. Besides, as a general rule, there is no relation as above-mentioned causes “except a wife, who is in easy circumstances, has any claim for maintenance.”

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 146 - 151

DOI: https://doij.org/10.10000/IJLMH.112833

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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