Man asked to pay maintenance till talaq is decided

The court of Judicial Magistrate (First Class) PP Kestikar has rejected the application of a man, who claimed to have given talaq (divorce) to his wife through a legal notice. The applicant, who is an employee of the Zilla Parishad, also claimed that he was not liable for maintenance as he had already paid the Mehr amount, which is obligatory. However, the court rejected his plea and asked him to pay Rs7,000 per month on the grounds that the validity of such divorce is subject to adjudication at the final hearing of the case.

The ZP employee Samir’s wife Shaheen (all names changed to protect identities) had moved two separate plaints through her lawyer Ibrahim Shaikh against her husband and his parents under the provisions of the Protection of Women from Domestic Violence Act, 2005. She claimed that Samir had restrained her from meeting their 4-year-old son as “she was no more his wife and (so no more) mother of the child”.

Meanwhile, Samir opposed his wife’s plea for maintenance, claiming that as per the Muslim personal law, the talaq is applicable and as he had already paid the Mehr he was not liable to pay maintenance. He also prayed that his son’s custody should remain with him for his better future.

In her order, magistrate Kestikar observed, “Samir has failed to file his written say and validity of such talaq is subject to adjudication at the final hearing of the case. Shaheen does not have any source of income and she is entitled for relief of interim maintenance. Secondly, the son is just four-year-old and needs love, care and affection of his mother. She deserves permission to visit her son and spend time with him during holidays and on the second and fourth weekends between 10 am and 5 pm.”