Project Proposal made in Partial Fulfilment of the course Family

law1during the academic session 2017-18, Semester III.

On
Mainteance of wife under Muslim law

Submitted to:-Dr. Shaiwal Satyarthi Submitted By: Satyam Jain

Faculty of Transfer of Property Roll No: 1560

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA-800001, BIHAR, INDIA
September, 2017
INTRODUCTION
Under Mohamedan law, it is the duty of the husband to maintain his wife, whether she is
Muslim or not, rich or poor. Unless she has deserted her husband, she is eligible to receive
alimony. However, in case the desertion is on account of cruelty on the husbands party, he is
still bound to maintain her. The question of maintenance may arise in the following cases:

Continuance of Marriage:

The husband is bound to maintain his wife so long as she lives with him and is faithful to him.
Any agreement in a marriage contract that the wife is not entitled to maintenance is void. If the
husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue
him for maintenance. She may apply for an order for maintenance under Section 125 of the
Criminal Procedure Code, in which case the court may order the husband to pay maintenance.

On Dissolution of Marriage:

After divorce, the wife is entitled to maintenance during the period of iddat (nine months). If
the divorce is not communicated to her until after the expiry of that period, she is entitled to
maintenance until she is informed of the divorce. The wife has the first right, greater than any
other persons, to maintanace.

On Death of Husband:

A widow is not entitled to maintenance during the period of iddat (four lunar months and ten
days after the death) consequent upon her husbands death.

AIMS AND OBJECTIVES

1. To study about the mainteance avilable to wife under Muslim law

2. To study about the exceptions and landmark cases related to mainteance avilable to wife
under Muslim law

HYPOTHESIS
1. Male is considered superior to female in Muslim law.
2. Low amount of mainteance is avilable to wife under Muslim law as compared to Hindu law

RESEARCH METHODOLOGY
The researcher has primarily relied on the doctrinal method. The research is based on
comprehensive study of sources like text books, journals, articles, web sources etc.

REVIEW OF LITERATURE
a) Primary Sources: Cases, Acts.

b) Secondary Sources: Articles, Journals.

TENTATIVE CHAPTERSIZATION
1. Introduction.

2. Maintenance Under Muslim Law.

3.Maintenance Of Muslim Women Under Section 125 Of The CrPC, 1973 .

4. Maintenance Under The Muslim Women Act, 1986.

5. Related Landmark case laws.

6.Maintenance Under Muslim Law In Comparison With Hindu Law.

7. Conclusion and Suggestions.