SlideShare a Scribd company logo
MUSINGS ONMUSINGS ON
MAINTENANCEMAINTENANCE
Dr. Shahnaz HudaDr. Shahnaz Huda
Professor of LawProfessor of Law
University of DhakaUniversity of Dhaka
Maintenance orMaintenance or NAFAQANAFAQA
Means and signifies food, raiment &Means and signifies food, raiment &
lodging (Mullah)lodging (Mullah)
Responsibility to pay maintenance arisesResponsibility to pay maintenance arises
out of relationship, marriage or propertyout of relationship, marriage or property
Muslim men are obliged toMuslim men are obliged to
maintainmaintain
Chaste wives...Chaste wives...
Sons until they have attained pubertySons until they have attained puberty
Daughters until their marriageDaughters until their marriage
A Muslim husband obligation to maintainA Muslim husband obligation to maintain
his wife is considered to be is mosthis wife is considered to be is most
important duty and a priority and the wifeimportant duty and a priority and the wife
is not obliged to contribute anythingis not obliged to contribute anything
PAST MAINTENANCE &PAST MAINTENANCE &
POST DIVORCE MAINTENANCEPOST DIVORCE MAINTENANCE
The Highest Court in Bangladesh held inThe Highest Court in Bangladesh held in
Jamila Khatoon vs. Rustom Ali [16 BLDJamila Khatoon vs. Rustom Ali [16 BLD
1996(AD) 61] that a wife is entitled to1996(AD) 61] that a wife is entitled to
pastpast maintenance even in the absence ofmaintenance even in the absence of
any specific agreementany specific agreement
Can claim such past maintenance for sixCan claim such past maintenance for six
years prior to the filing of the suit.years prior to the filing of the suit.
POST DIVORCEPOST DIVORCE
MAINTENANCEMAINTENANCE
It is now the settled law in Bangladesh thatIt is now the settled law in Bangladesh that
a divorced wife is entitled toa divorced wife is entitled to
maintenance from her ex-maintenance from her ex-
husband only for the period ofhusband only for the period of
iddat.
The issue of post divorce maintenance created
unprecedented controversy in both India and
Bangladesh and has been a subject of much
debate in the two countries.
In the Bangladeshi case of HefzurIn the Bangladeshi case of Hefzur
Rahman vs. Shamsun NaharRahman vs. Shamsun Nahar
BegumBegum
The High Court had held:The High Court had held:
““A person after divorcing his wife is bound toA person after divorcing his wife is bound to
maintain her on a reasonable scale beyondmaintain her on a reasonable scale beyond
the period ofthe period of iddatiddat for an indefinite period,for an indefinite period,
that is to say, till she loses the status of athat is to say, till she loses the status of a
divorcee by remarrying another person”divorcee by remarrying another person”
(47 DLR 1999 54)(47 DLR 1999 54)
The decision created an uproarThe decision created an uproar
and the Appellate Division reversed theand the Appellate Division reversed the
decision and held that a divorces was onlydecision and held that a divorces was only
entitled to maintenance until the period ofentitled to maintenance until the period of
iddat and not beyond that period.iddat and not beyond that period.
The Court interpreted the word mataa .......The Court interpreted the word mataa .......
In BangladeshIn Bangladesh
A wife, but not a divorced wife, can claimA wife, but not a divorced wife, can claim
maintenance under S.9 of the Muslimmaintenance under S.9 of the Muslim
Family Laws Ordinance....Family Laws Ordinance....
Earlier claims could be made under S. 488Earlier claims could be made under S. 488
of the Cr.P.C but after the coming intoof the Cr.P.C but after the coming into
force of the Family Courts Ordinanceforce of the Family Courts Ordinance
1985, the Criminal Courts jurisdiction has1985, the Criminal Courts jurisdiction has
been oustedbeen ousted [Pochon Rikksi Das vs. Khuku[Pochon Rikksi Das vs. Khuku
Rani Das & Others 50 DLR 1998] 47Rani Das & Others 50 DLR 1998] 47
Under The Dissolution ofUnder The Dissolution of
Muslim Marriages Act, 1939Muslim Marriages Act, 1939
Sec.2(ii)---non-payment of maintenanceSec.2(ii)---non-payment of maintenance
may be ground for divorcemay be ground for divorce
Maintenance Under Muslim LawMaintenance Under Muslim Law
in INDIAin INDIA
The Shah Bano controversy:The Shah Bano controversy:
Led to the enactment of a rare law onLed to the enactment of a rare law on
Muslims in IndiaMuslims in India
Sec. 125 of the Cr.P.C. (1973) of IndiaSec. 125 of the Cr.P.C. (1973) of India
deserted and destitute wives the right todeserted and destitute wives the right to
claim maintenance up to Rs.500claim maintenance up to Rs.500
Included divorced wives in the definition ofIncluded divorced wives in the definition of
wiveswives
Mohd. Amin Khan vs. ShahMohd. Amin Khan vs. Shah
Bano Begum (AIR S.C. 945)Bano Begum (AIR S.C. 945)
Married in 1932Married in 1932
Shah Bano driven out of the house inShah Bano driven out of the house in
19751975
She sues for maintenance under in AprilShe sues for maintenance under in April
1978 under Sec. 125 of the Cr.P.C. 19731978 under Sec. 125 of the Cr.P.C. 1973
He divorces her by pronouncement ofHe divorces her by pronouncement of
The lower Court grants Rs. 25 asThe lower Court grants Rs. 25 as
maintenance to Shah Bano---latermaintenance to Shah Bano---later
increased to Rs. 179.20 by High Courtincreased to Rs. 179.20 by High Court
Amin Ahmed appeals against the increaseAmin Ahmed appeals against the increase
groundsgrounds
He has already paid dower andHe has already paid dower and
maintenance for the period ofmaintenance for the period of iddatiddat
Her application should be dismissed underHer application should be dismissed under
S. 127(3) (b)..........S. 127(3) (b)..........
Supreme Court holdsSupreme Court holds
Provisions of Sec. 125 override personalProvisions of Sec. 125 override personal
lawlaw
Interpreted the provisions of the Quran reInterpreted the provisions of the Quran re
maintenance that it is not possible tomaintenance that it is not possible to
establish that a former husband does notestablish that a former husband does not
have to pay beyondhave to pay beyond iddatiddat to destitute wifeto destitute wife
Payment of dower cannot be regarded asPayment of dower cannot be regarded as
payment under Sec. 127 (3)(b)payment under Sec. 127 (3)(b)
Decision creates unprecedentedDecision creates unprecedented
chaoschaos
Indian Government forced to concede toIndian Government forced to concede to
pressure and enacts :pressure and enacts :
The Muslim Women (Protection ofThe Muslim Women (Protection of
Rights on Divorce) Act, 1986,Rights on Divorce) Act, 1986,
Section 3(1)(a) of which provides that aSection 3(1)(a) of which provides that a
divorced women is entitled to reasonabledivorced women is entitled to reasonable
and fair provision and maintenance withinand fair provision and maintenance within
thethe iddatiddat period onlyperiod only
The Constitutional validity of the Act wasThe Constitutional validity of the Act was
challenged on the ground that it violates ofchallenged on the ground that it violates of
Article 14, 15 and 21 of the IC.Article 14, 15 and 21 of the IC.
The necessity of an Act which segregatesThe necessity of an Act which segregates
Muslim women when a secular remedyMuslim women when a secular remedy
was already available under Section 125was already available under Section 125
of the Code of Criminal Procedureof the Code of Criminal Procedure
questioned.questioned.
The expression “provision andThe expression “provision and
maintenance” contained in the 1986 Actmaintenance” contained in the 1986 Act
created confusion . The High Courts ofcreated confusion . The High Courts of
Kerala, Bombay and Gujarat opined thatKerala, Bombay and Gujarat opined that
the expression reasonable and fairthe expression reasonable and fair
provision meant arrangement for a lumpprovision meant arrangement for a lump
sum amount for the future provision of thesum amount for the future provision of the
wife within the iddat period other than thewife within the iddat period other than the
iddat period maintenance. But contraryiddat period maintenance. But contrary
opinions were given by other High Courts.opinions were given by other High Courts.
Confusion laid to rest by the case ofConfusion laid to rest by the case of
Daniel Latifi vs. Union of IndiaDaniel Latifi vs. Union of India
Supreme Court heldSupreme Court held that:that:
reasonable and fair provisionsreasonable and fair provisions
include provision for the future ofinclude provision for the future of
the divorced wife (includingthe divorced wife (including
maintenance) which must be paidmaintenance) which must be paid
within the period ofwithin the period of IddatIddat
MAINTENANCE UNDERMAINTENANCE UNDER
HINDU LAWHINDU LAW
Bangladesh---The Hindu MarriedBangladesh---The Hindu Married
Women’s Right to Separate ResidenceWomen’s Right to Separate Residence
and Maintenance Act, 1946and Maintenance Act, 1946
Can go to Family Court under the Ord. OfCan go to Family Court under the Ord. Of
19851985
Same in PakistanSame in Pakistan
Maintenance—Hindu Law--IndiaMaintenance—Hindu Law--India
Under the Hindu Adoption andUnder the Hindu Adoption and
Maintenance Act, 1956---maintenanceMaintenance Act, 1956---maintenance
during marriage—under Sec. 18 wife canduring marriage—under Sec. 18 wife can
claim maintenanceclaim maintenance
Under the Hindu Marriage Act, 1955—Under the Hindu Marriage Act, 1955—
both husband and wife can claim ---interimboth husband and wife can claim ---interim
maintenance or maintenance duringmaintenance or maintenance during
pendency of suit (Sec.24)pendency of suit (Sec.24)
Permanent Maintenance—Permanent Maintenance—
Hindu lawHindu law
Under Sec. 25 of 1955 Act in a decree forUnder Sec. 25 of 1955 Act in a decree for
divorce etc.divorce etc.
Either party may applyEither party may apply
Order to pay gross or monthly or onOrder to pay gross or monthly or on
periodical basisperiodical basis
Not beyond lifetime of respondentNot beyond lifetime of respondent
Order may be rescinded, modifiedOrder may be rescinded, modified
depending on circumstancesdepending on circumstances
Alimony under Christian LawAlimony under Christian Law
The Divorce Act 1869The Divorce Act 1869
Applies in all three countries:Applies in all three countries:
Modified in IndiaModified in India
Under Section 36 &37 provision forUnder Section 36 &37 provision for
alimonyalimony pendente litependente lite and PERMANENTand PERMANENT
ALIMONYALIMONY
Laws regardingLaws regarding
maintenance---maintenance---
paternalism or positivepaternalism or positive
discrimination????discrimination????
Maintenance.comparative family law
Maintenance.comparative family law
Maintenance.comparative family law

More Related Content

What's hot

Property law
Property lawProperty law
Property law
Dipanshu Kamboj
 
Schools of muslim law
Schools of muslim lawSchools of muslim law
Schools of muslim law
Rashmi Dubey
 
Rule against perpetuity
Rule against perpetuityRule against perpetuity
Rule against perpetuitySunit Kapoor
 
Concept of Hiba
Concept of HibaConcept of Hiba
Concept of Hiba
Shivani Sharma
 
Sale of immovable property
Sale of immovable propertySale of immovable property
Sale of immovable property
jagannathRamapur
 
Transfer of property act 1882 who can transfer
Transfer of property  act 1882 who can transferTransfer of property  act 1882 who can transfer
Transfer of property act 1882 who can transfer
Dr. Vikas Khakare
 
Will-Wasiyat under Islamic law
Will-Wasiyat under Islamic lawWill-Wasiyat under Islamic law
Will-Wasiyat under Islamic law
Shivani Sharma
 
Muslim Personal Law Short Study Notes (LLB Part 2)
Muslim Personal Law Short Study Notes (LLB Part 2)Muslim Personal Law Short Study Notes (LLB Part 2)
Muslim Personal Law Short Study Notes (LLB Part 2)
zahinch
 
Lease
LeaseLease
Exchange
ExchangeExchange
Exchange
Nagesh Sawant
 
Summary of Specific relief act
Summary of Specific relief actSummary of Specific relief act
Summary of Specific relief act
Dr. Sandeep Kulshrestha
 
Ll.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu lawLl.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu law
Rai University
 
The dissolution of muslim marriages act,1939
The dissolution of muslim marriages act,1939The dissolution of muslim marriages act,1939
The dissolution of muslim marriages act,1939
Judicial Intellects Academy
 
Interpretation of statutes
Interpretation of statutesInterpretation of statutes
Interpretation of statutes
Prerak Bhavsar
 
Principles of Trust: Classification and Creation
Principles of Trust: Classification and CreationPrinciples of Trust: Classification and Creation
Principles of Trust: Classification and Creation
Preeti Sikder
 
Jurisdiction of courts under cpc 1908
Jurisdiction of courts under cpc 1908Jurisdiction of courts under cpc 1908
Jurisdiction of courts under cpc 1908
Muhammad Ijaz Syed
 
Cpc learning module 5 execution
Cpc learning module 5 executionCpc learning module 5 execution
Cpc learning module 5 execution
Dr. Vikas Khakare
 
Basics of Natural school of Jurisprudence
Basics of Natural school of JurisprudenceBasics of Natural school of Jurisprudence
Basics of Natural school of Jurisprudence
anjalidixit21
 
Dissolution of Muslim marriage
Dissolution of Muslim marriageDissolution of Muslim marriage
Dissolution of Muslim marriage
Rashmi Dubey
 
Pre emption
Pre emptionPre emption
Pre emption
Shivani Sharma
 

What's hot (20)

Property law
Property lawProperty law
Property law
 
Schools of muslim law
Schools of muslim lawSchools of muslim law
Schools of muslim law
 
Rule against perpetuity
Rule against perpetuityRule against perpetuity
Rule against perpetuity
 
Concept of Hiba
Concept of HibaConcept of Hiba
Concept of Hiba
 
Sale of immovable property
Sale of immovable propertySale of immovable property
Sale of immovable property
 
Transfer of property act 1882 who can transfer
Transfer of property  act 1882 who can transferTransfer of property  act 1882 who can transfer
Transfer of property act 1882 who can transfer
 
Will-Wasiyat under Islamic law
Will-Wasiyat under Islamic lawWill-Wasiyat under Islamic law
Will-Wasiyat under Islamic law
 
Muslim Personal Law Short Study Notes (LLB Part 2)
Muslim Personal Law Short Study Notes (LLB Part 2)Muslim Personal Law Short Study Notes (LLB Part 2)
Muslim Personal Law Short Study Notes (LLB Part 2)
 
Lease
LeaseLease
Lease
 
Exchange
ExchangeExchange
Exchange
 
Summary of Specific relief act
Summary of Specific relief actSummary of Specific relief act
Summary of Specific relief act
 
Ll.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu lawLl.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu law
 
The dissolution of muslim marriages act,1939
The dissolution of muslim marriages act,1939The dissolution of muslim marriages act,1939
The dissolution of muslim marriages act,1939
 
Interpretation of statutes
Interpretation of statutesInterpretation of statutes
Interpretation of statutes
 
Principles of Trust: Classification and Creation
Principles of Trust: Classification and CreationPrinciples of Trust: Classification and Creation
Principles of Trust: Classification and Creation
 
Jurisdiction of courts under cpc 1908
Jurisdiction of courts under cpc 1908Jurisdiction of courts under cpc 1908
Jurisdiction of courts under cpc 1908
 
Cpc learning module 5 execution
Cpc learning module 5 executionCpc learning module 5 execution
Cpc learning module 5 execution
 
Basics of Natural school of Jurisprudence
Basics of Natural school of JurisprudenceBasics of Natural school of Jurisprudence
Basics of Natural school of Jurisprudence
 
Dissolution of Muslim marriage
Dissolution of Muslim marriageDissolution of Muslim marriage
Dissolution of Muslim marriage
 
Pre emption
Pre emptionPre emption
Pre emption
 

Similar to Maintenance.comparative family law

Restitution of conjugal rights a comparative study among indian personal laws
Restitution of conjugal rights   a comparative study among indian personal lawsRestitution of conjugal rights   a comparative study among indian personal laws
Restitution of conjugal rights a comparative study among indian personal laws
Anuja Aiyappan
 
Badar uz zaman (hindu law)
Badar uz zaman (hindu law)Badar uz zaman (hindu law)
Badar uz zaman (hindu law)
badar47
 
Family Law In Pakistan
Family Law In PakistanFamily Law In Pakistan
Family Law In Pakistan
Hakam Shah
 
SHAH BANO CASE PPT.pptx
SHAH BANO CASE PPT.pptxSHAH BANO CASE PPT.pptx
SHAH BANO CASE PPT.pptx
KaranMange5
 
405281111-Family-Law islam-Ppt-Mahr.pptx
405281111-Family-Law islam-Ppt-Mahr.pptx405281111-Family-Law islam-Ppt-Mahr.pptx
405281111-Family-Law islam-Ppt-Mahr.pptx
ReemaAlQaruty
 
The dowry prohibition act, 1961
The dowry prohibition act, 1961The dowry prohibition act, 1961
The dowry prohibition act, 1961Leo Lukose
 
Divorce under muslim law
Divorce under muslim lawDivorce under muslim law
Divorce under muslim law
yusraraouf1
 
Adoption
AdoptionAdoption
Lily Thomas, VS UOI.pptx
Lily Thomas, VS UOI.pptxLily Thomas, VS UOI.pptx
Lily Thomas, VS UOI.pptx
Aryan879392
 
Elibrary datafile maintenance under hindu adoption and maintenance act
Elibrary datafile maintenance under hindu adoption and maintenance actElibrary datafile maintenance under hindu adoption and maintenance act
Elibrary datafile maintenance under hindu adoption and maintenance act
Adv. Potla Sukhavani Rao
 
CRPC_125 USEFUL JUDGMENT
CRPC_125 USEFUL JUDGMENTCRPC_125 USEFUL JUDGMENT
CRPC_125 USEFUL JUDGMENTarjun randhir
 
dower-170314062635.pdf
dower-170314062635.pdfdower-170314062635.pdf
dower-170314062635.pdf
SpandanRoy11
 
Dower
DowerDower
Divorce under the hindu marriage act, 1955
Divorce under the hindu marriage act, 1955Divorce under the hindu marriage act, 1955
Divorce under the hindu marriage act, 1955
Swathy Ramanathan
 
Restitution of conjugal rights
Restitution of conjugal rightsRestitution of conjugal rights
Restitution of conjugal rights
Shivani Sharma
 
Christian Personal Laws
Christian Personal Laws Christian Personal Laws
Christian Personal Laws
Divyae Sherry
 
Difference of will under hindu and muslims laws
Difference of will under hindu and muslims lawsDifference of will under hindu and muslims laws
Difference of will under hindu and muslims laws
HPNLU, Shimla
 
Matrimonial Remedies Under Hindu Marriage Act,1955
Matrimonial Remedies Under Hindu Marriage Act,1955Matrimonial Remedies Under Hindu Marriage Act,1955
Matrimonial Remedies Under Hindu Marriage Act,1955
Rashmi Dubey
 

Similar to Maintenance.comparative family law (20)

Restitution of conjugal rights a comparative study among indian personal laws
Restitution of conjugal rights   a comparative study among indian personal lawsRestitution of conjugal rights   a comparative study among indian personal laws
Restitution of conjugal rights a comparative study among indian personal laws
 
Badar uz zaman (hindu law)
Badar uz zaman (hindu law)Badar uz zaman (hindu law)
Badar uz zaman (hindu law)
 
Family Law In Pakistan
Family Law In PakistanFamily Law In Pakistan
Family Law In Pakistan
 
SHAH BANO CASE PPT.pptx
SHAH BANO CASE PPT.pptxSHAH BANO CASE PPT.pptx
SHAH BANO CASE PPT.pptx
 
405281111-Family-Law islam-Ppt-Mahr.pptx
405281111-Family-Law islam-Ppt-Mahr.pptx405281111-Family-Law islam-Ppt-Mahr.pptx
405281111-Family-Law islam-Ppt-Mahr.pptx
 
The dowry prohibition act, 1961
The dowry prohibition act, 1961The dowry prohibition act, 1961
The dowry prohibition act, 1961
 
Divorce under muslim law
Divorce under muslim lawDivorce under muslim law
Divorce under muslim law
 
Adoption
AdoptionAdoption
Adoption
 
Lily Thomas, VS UOI.pptx
Lily Thomas, VS UOI.pptxLily Thomas, VS UOI.pptx
Lily Thomas, VS UOI.pptx
 
Elibrary datafile maintenance under hindu adoption and maintenance act
Elibrary datafile maintenance under hindu adoption and maintenance actElibrary datafile maintenance under hindu adoption and maintenance act
Elibrary datafile maintenance under hindu adoption and maintenance act
 
CRPC_125 USEFUL JUDGMENT
CRPC_125 USEFUL JUDGMENTCRPC_125 USEFUL JUDGMENT
CRPC_125 USEFUL JUDGMENT
 
dower-170314062635.pdf
dower-170314062635.pdfdower-170314062635.pdf
dower-170314062635.pdf
 
Dower
DowerDower
Dower
 
Divorce under the hindu marriage act, 1955
Divorce under the hindu marriage act, 1955Divorce under the hindu marriage act, 1955
Divorce under the hindu marriage act, 1955
 
Restitution of conjugal rights
Restitution of conjugal rightsRestitution of conjugal rights
Restitution of conjugal rights
 
Christian Personal Laws
Christian Personal Laws Christian Personal Laws
Christian Personal Laws
 
Alimony slide.ppt2
Alimony slide.ppt2Alimony slide.ppt2
Alimony slide.ppt2
 
Difference of will under hindu and muslims laws
Difference of will under hindu and muslims lawsDifference of will under hindu and muslims laws
Difference of will under hindu and muslims laws
 
Will and probate
Will and probateWill and probate
Will and probate
 
Matrimonial Remedies Under Hindu Marriage Act,1955
Matrimonial Remedies Under Hindu Marriage Act,1955Matrimonial Remedies Under Hindu Marriage Act,1955
Matrimonial Remedies Under Hindu Marriage Act,1955
 

More from Shahjada Zihad

Maintenance.comparative family law
Maintenance.comparative family lawMaintenance.comparative family law
Maintenance.comparative family law
Shahjada Zihad
 
Constitutional provisions on gender bangladesh
Constitutional provisions on gender  bangladeshConstitutional provisions on gender  bangladesh
Constitutional provisions on gender bangladesh
Shahjada Zihad
 
Family court act 1964 pakistan. 2015 ppt
Family court act 1964 pakistan. 2015 pptFamily court act 1964 pakistan. 2015 ppt
Family court act 1964 pakistan. 2015 ppt
Shahjada Zihad
 
Restitution of conjugal_rights_bangladesh_._lastpptx
Restitution of conjugal_rights_bangladesh_._lastpptxRestitution of conjugal_rights_bangladesh_._lastpptx
Restitution of conjugal_rights_bangladesh_._lastpptx
Shahjada Zihad
 
Christian law in bangladesh
Christian law in bangladeshChristian law in bangladesh
Christian law in bangladesh
Shahjada Zihad
 
Guardianship related cases
Guardianship related casesGuardianship related cases
Guardianship related cases
Shahjada Zihad
 
The special-marriage-act-1872
The special-marriage-act-1872The special-marriage-act-1872
The special-marriage-act-1872
Shahjada Zihad
 
My thesis
My thesisMy thesis
My thesis
Shahjada Zihad
 

More from Shahjada Zihad (8)

Maintenance.comparative family law
Maintenance.comparative family lawMaintenance.comparative family law
Maintenance.comparative family law
 
Constitutional provisions on gender bangladesh
Constitutional provisions on gender  bangladeshConstitutional provisions on gender  bangladesh
Constitutional provisions on gender bangladesh
 
Family court act 1964 pakistan. 2015 ppt
Family court act 1964 pakistan. 2015 pptFamily court act 1964 pakistan. 2015 ppt
Family court act 1964 pakistan. 2015 ppt
 
Restitution of conjugal_rights_bangladesh_._lastpptx
Restitution of conjugal_rights_bangladesh_._lastpptxRestitution of conjugal_rights_bangladesh_._lastpptx
Restitution of conjugal_rights_bangladesh_._lastpptx
 
Christian law in bangladesh
Christian law in bangladeshChristian law in bangladesh
Christian law in bangladesh
 
Guardianship related cases
Guardianship related casesGuardianship related cases
Guardianship related cases
 
The special-marriage-act-1872
The special-marriage-act-1872The special-marriage-act-1872
The special-marriage-act-1872
 
My thesis
My thesisMy thesis
My thesis
 

Recently uploaded

Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
Wendy Couture
 
Rokita Releases Soccer Stadium Legal Opinion
Rokita Releases Soccer Stadium Legal OpinionRokita Releases Soccer Stadium Legal Opinion
Rokita Releases Soccer Stadium Legal Opinion
Abdul-Hakim Shabazz
 
Bharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptxBharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptx
ShivkumarIyer18
 
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdfXYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
bhavenpr
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Gabe Whitley
 
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
9ib5wiwt
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
anjalidixit21
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
9ib5wiwt
 
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
9ib5wiwt
 
Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....
Knowyourright
 
new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.
niputusriwidiasih
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
BRELGOSIMAT
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
gaelcabigunda
 
Roles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John CavittRoles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John Cavitt
johncavitthouston
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
KHURRAMWALI
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
Trademark Quick
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
9ib5wiwt
 
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
9ib5wiwt
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
MwaiMapemba
 
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxNATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
anvithaav
 

Recently uploaded (20)

Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
 
Rokita Releases Soccer Stadium Legal Opinion
Rokita Releases Soccer Stadium Legal OpinionRokita Releases Soccer Stadium Legal Opinion
Rokita Releases Soccer Stadium Legal Opinion
 
Bharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptxBharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptx
 
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdfXYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
 
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
 
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
 
Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....Car Accident Injury Do I Have a Case....
Car Accident Injury Do I Have a Case....
 
new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
 
Roles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John CavittRoles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John Cavitt
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
 
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
 
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxNATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
 

Maintenance.comparative family law

  • 1. MUSINGS ONMUSINGS ON MAINTENANCEMAINTENANCE Dr. Shahnaz HudaDr. Shahnaz Huda Professor of LawProfessor of Law University of DhakaUniversity of Dhaka
  • 2. Maintenance orMaintenance or NAFAQANAFAQA Means and signifies food, raiment &Means and signifies food, raiment & lodging (Mullah)lodging (Mullah) Responsibility to pay maintenance arisesResponsibility to pay maintenance arises out of relationship, marriage or propertyout of relationship, marriage or property
  • 3. Muslim men are obliged toMuslim men are obliged to maintainmaintain Chaste wives...Chaste wives... Sons until they have attained pubertySons until they have attained puberty Daughters until their marriageDaughters until their marriage A Muslim husband obligation to maintainA Muslim husband obligation to maintain his wife is considered to be is mosthis wife is considered to be is most important duty and a priority and the wifeimportant duty and a priority and the wife is not obliged to contribute anythingis not obliged to contribute anything
  • 4. PAST MAINTENANCE &PAST MAINTENANCE & POST DIVORCE MAINTENANCEPOST DIVORCE MAINTENANCE The Highest Court in Bangladesh held inThe Highest Court in Bangladesh held in Jamila Khatoon vs. Rustom Ali [16 BLDJamila Khatoon vs. Rustom Ali [16 BLD 1996(AD) 61] that a wife is entitled to1996(AD) 61] that a wife is entitled to pastpast maintenance even in the absence ofmaintenance even in the absence of any specific agreementany specific agreement Can claim such past maintenance for sixCan claim such past maintenance for six years prior to the filing of the suit.years prior to the filing of the suit.
  • 5. POST DIVORCEPOST DIVORCE MAINTENANCEMAINTENANCE It is now the settled law in Bangladesh thatIt is now the settled law in Bangladesh that a divorced wife is entitled toa divorced wife is entitled to maintenance from her ex-maintenance from her ex- husband only for the period ofhusband only for the period of iddat. The issue of post divorce maintenance created unprecedented controversy in both India and Bangladesh and has been a subject of much debate in the two countries.
  • 6. In the Bangladeshi case of HefzurIn the Bangladeshi case of Hefzur Rahman vs. Shamsun NaharRahman vs. Shamsun Nahar BegumBegum The High Court had held:The High Court had held: ““A person after divorcing his wife is bound toA person after divorcing his wife is bound to maintain her on a reasonable scale beyondmaintain her on a reasonable scale beyond the period ofthe period of iddatiddat for an indefinite period,for an indefinite period, that is to say, till she loses the status of athat is to say, till she loses the status of a divorcee by remarrying another person”divorcee by remarrying another person” (47 DLR 1999 54)(47 DLR 1999 54)
  • 7. The decision created an uproarThe decision created an uproar and the Appellate Division reversed theand the Appellate Division reversed the decision and held that a divorces was onlydecision and held that a divorces was only entitled to maintenance until the period ofentitled to maintenance until the period of iddat and not beyond that period.iddat and not beyond that period. The Court interpreted the word mataa .......The Court interpreted the word mataa .......
  • 8. In BangladeshIn Bangladesh A wife, but not a divorced wife, can claimA wife, but not a divorced wife, can claim maintenance under S.9 of the Muslimmaintenance under S.9 of the Muslim Family Laws Ordinance....Family Laws Ordinance.... Earlier claims could be made under S. 488Earlier claims could be made under S. 488 of the Cr.P.C but after the coming intoof the Cr.P.C but after the coming into force of the Family Courts Ordinanceforce of the Family Courts Ordinance 1985, the Criminal Courts jurisdiction has1985, the Criminal Courts jurisdiction has been oustedbeen ousted [Pochon Rikksi Das vs. Khuku[Pochon Rikksi Das vs. Khuku Rani Das & Others 50 DLR 1998] 47Rani Das & Others 50 DLR 1998] 47
  • 9. Under The Dissolution ofUnder The Dissolution of Muslim Marriages Act, 1939Muslim Marriages Act, 1939 Sec.2(ii)---non-payment of maintenanceSec.2(ii)---non-payment of maintenance may be ground for divorcemay be ground for divorce
  • 10. Maintenance Under Muslim LawMaintenance Under Muslim Law in INDIAin INDIA The Shah Bano controversy:The Shah Bano controversy: Led to the enactment of a rare law onLed to the enactment of a rare law on Muslims in IndiaMuslims in India Sec. 125 of the Cr.P.C. (1973) of IndiaSec. 125 of the Cr.P.C. (1973) of India deserted and destitute wives the right todeserted and destitute wives the right to claim maintenance up to Rs.500claim maintenance up to Rs.500 Included divorced wives in the definition ofIncluded divorced wives in the definition of wiveswives
  • 11. Mohd. Amin Khan vs. ShahMohd. Amin Khan vs. Shah Bano Begum (AIR S.C. 945)Bano Begum (AIR S.C. 945) Married in 1932Married in 1932 Shah Bano driven out of the house inShah Bano driven out of the house in 19751975 She sues for maintenance under in AprilShe sues for maintenance under in April 1978 under Sec. 125 of the Cr.P.C. 19731978 under Sec. 125 of the Cr.P.C. 1973 He divorces her by pronouncement ofHe divorces her by pronouncement of
  • 12. The lower Court grants Rs. 25 asThe lower Court grants Rs. 25 as maintenance to Shah Bano---latermaintenance to Shah Bano---later increased to Rs. 179.20 by High Courtincreased to Rs. 179.20 by High Court Amin Ahmed appeals against the increaseAmin Ahmed appeals against the increase
  • 13. groundsgrounds He has already paid dower andHe has already paid dower and maintenance for the period ofmaintenance for the period of iddatiddat Her application should be dismissed underHer application should be dismissed under S. 127(3) (b)..........S. 127(3) (b)..........
  • 14. Supreme Court holdsSupreme Court holds Provisions of Sec. 125 override personalProvisions of Sec. 125 override personal lawlaw Interpreted the provisions of the Quran reInterpreted the provisions of the Quran re maintenance that it is not possible tomaintenance that it is not possible to establish that a former husband does notestablish that a former husband does not have to pay beyondhave to pay beyond iddatiddat to destitute wifeto destitute wife Payment of dower cannot be regarded asPayment of dower cannot be regarded as payment under Sec. 127 (3)(b)payment under Sec. 127 (3)(b)
  • 15. Decision creates unprecedentedDecision creates unprecedented chaoschaos Indian Government forced to concede toIndian Government forced to concede to pressure and enacts :pressure and enacts : The Muslim Women (Protection ofThe Muslim Women (Protection of Rights on Divorce) Act, 1986,Rights on Divorce) Act, 1986, Section 3(1)(a) of which provides that aSection 3(1)(a) of which provides that a divorced women is entitled to reasonabledivorced women is entitled to reasonable and fair provision and maintenance withinand fair provision and maintenance within thethe iddatiddat period onlyperiod only
  • 16. The Constitutional validity of the Act wasThe Constitutional validity of the Act was challenged on the ground that it violates ofchallenged on the ground that it violates of Article 14, 15 and 21 of the IC.Article 14, 15 and 21 of the IC. The necessity of an Act which segregatesThe necessity of an Act which segregates Muslim women when a secular remedyMuslim women when a secular remedy was already available under Section 125was already available under Section 125 of the Code of Criminal Procedureof the Code of Criminal Procedure questioned.questioned.
  • 17. The expression “provision andThe expression “provision and maintenance” contained in the 1986 Actmaintenance” contained in the 1986 Act created confusion . The High Courts ofcreated confusion . The High Courts of Kerala, Bombay and Gujarat opined thatKerala, Bombay and Gujarat opined that the expression reasonable and fairthe expression reasonable and fair provision meant arrangement for a lumpprovision meant arrangement for a lump sum amount for the future provision of thesum amount for the future provision of the wife within the iddat period other than thewife within the iddat period other than the iddat period maintenance. But contraryiddat period maintenance. But contrary opinions were given by other High Courts.opinions were given by other High Courts.
  • 18. Confusion laid to rest by the case ofConfusion laid to rest by the case of Daniel Latifi vs. Union of IndiaDaniel Latifi vs. Union of India Supreme Court heldSupreme Court held that:that: reasonable and fair provisionsreasonable and fair provisions include provision for the future ofinclude provision for the future of the divorced wife (includingthe divorced wife (including maintenance) which must be paidmaintenance) which must be paid within the period ofwithin the period of IddatIddat
  • 19. MAINTENANCE UNDERMAINTENANCE UNDER HINDU LAWHINDU LAW Bangladesh---The Hindu MarriedBangladesh---The Hindu Married Women’s Right to Separate ResidenceWomen’s Right to Separate Residence and Maintenance Act, 1946and Maintenance Act, 1946 Can go to Family Court under the Ord. OfCan go to Family Court under the Ord. Of 19851985 Same in PakistanSame in Pakistan
  • 20. Maintenance—Hindu Law--IndiaMaintenance—Hindu Law--India Under the Hindu Adoption andUnder the Hindu Adoption and Maintenance Act, 1956---maintenanceMaintenance Act, 1956---maintenance during marriage—under Sec. 18 wife canduring marriage—under Sec. 18 wife can claim maintenanceclaim maintenance Under the Hindu Marriage Act, 1955—Under the Hindu Marriage Act, 1955— both husband and wife can claim ---interimboth husband and wife can claim ---interim maintenance or maintenance duringmaintenance or maintenance during pendency of suit (Sec.24)pendency of suit (Sec.24)
  • 21. Permanent Maintenance—Permanent Maintenance— Hindu lawHindu law Under Sec. 25 of 1955 Act in a decree forUnder Sec. 25 of 1955 Act in a decree for divorce etc.divorce etc. Either party may applyEither party may apply Order to pay gross or monthly or onOrder to pay gross or monthly or on periodical basisperiodical basis Not beyond lifetime of respondentNot beyond lifetime of respondent Order may be rescinded, modifiedOrder may be rescinded, modified depending on circumstancesdepending on circumstances
  • 22. Alimony under Christian LawAlimony under Christian Law The Divorce Act 1869The Divorce Act 1869 Applies in all three countries:Applies in all three countries: Modified in IndiaModified in India Under Section 36 &37 provision forUnder Section 36 &37 provision for alimonyalimony pendente litependente lite and PERMANENTand PERMANENT ALIMONYALIMONY
  • 23.
  • 24. Laws regardingLaws regarding maintenance---maintenance--- paternalism or positivepaternalism or positive discrimination????discrimination????