স্ত্রীর খোরপোষ কি? কখন স্ত্রী খোরপোষ পাবে না? Maintenance of the wife ।।সহজ আইন।।Shohoz Ain।।

Dear Viewers,
I Show that in this Vedio What is the maintenance of the wife?
Maintenance is the provision of financial support for a person’s living expenses, or the support so provided to ensure a reasonable standard of living. The object of maintenance provisions in the personal law as well as under the Criminal Procedure Code is to prevent destitution and save indigent wives or divorced women who have no means of sustenance from seeking sanctuary in the streets.
Muslim Law viciously considers male to be superior to the woman, dependent on her husband for her support and maintenance. Hence, in Muslim law, the wife has been conferred with an absolute right to be maintained and the husband is under an obligation to maintain her regardless of the fact whether she’s able or not. Wife’s right to maintenance is considered as a debt against the husband. However, the woman’s right to claim maintenance and husband’s obligation to maintain her wife exists only if the wife remains faithful to her husband and obeys all his reasonable orders.
Now, with the changing dynamics of the society and enhanced participation of women in all spheres of life, various provisions have been bestowed to a Muslim woman, empowering her to claim maintenance even beyond the Jidda period breaking free the age-old digitizes that existed in the personal laws

Maintenance to Muslim Wife
The husband is under an obligation to maintain his wife in the following circumstances:
On account of status arising out of a valid marriage, and
On account of a pre-nuptial agreement
Under the Code of Criminal Procedure, 1973
Maintenance under Muslim Women (Protection of Rights on Divorce) Act 1986.
Maintenance under Muslim Women
To water down the stringent principles enunciated by the Apex court in Shah Bano judgment, passed against the Muslim husband in contravention to the established Personal laws with regard to maintenance of a divorced wife, the legislators enacted a new law to govern Muslim divorce provisions i.e. Muslim Women (Protection of Rights on Divorce) Act 1986.

This act was enacted in the backdrop of the Shah Bano case and attempted to restrict the application of Section 125 of Crpc regarding the maintenance of divorced Muslim wife.
Protection to the divorced wife
Sub-section (1) of Section 3 of the said Act lays down that a divorced Muslim woman is entitled to:
(a) A reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;
(b) Where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children;
(c) An amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law; and
(d) All the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends.
In case on divorce, the husband has failed to secure any of the above, the wife or her authorized agent may sue the husband by making an application before the Magistrate for necessary orders.6 In case the Magistrate is satisfied that compliance with the aforesaid have not been made by the husband, he will make an order, within one month of the date of filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of his life enjoyed by her during her marriage and the means of her former husband, or as the case may be.

Thus, to ensure protection to Muslim women from being strangled within the rigidities of personal laws, it has time and again been reiterated by the Supreme Court that Muslim woman is entitled in law to lead a life in the same manner as she would have lived in the house of her husband at par with a Hindu woman under Section 125 of the Code of Criminal Procedure, 1973 which imposes legal obligation on all the husbands to maintain his wife throughout her lifetime and this provision is secular in character and applicable to all religions.

I hope that this vedio helpful for you.
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