Court refuses alimony to Muslim widow

Aurangabad, May 13:

The judicial magistrate first class (JMFC) A N Mane today in his verdict stated that although it is clear that the Muslim widow fell victim of domestic violence by in-laws, but she does not becomes eligible to get alimony (in the form of finance) from them.

Meanwhile, the court has ordered to give her protection from physically, mentally, emotionally and verbally exploitation from the in-laws in future.

The above court gave the verdict after hearing a plea demanding alimony under Section 23 of Protection of Women from Domestic Violence Act 2005.

According to an applicant, who is a Muslim widow, she has three children and stays with her mother-in-law, father-in-law, two brothers-in-law and their wives (two sisters-in-law). After death of her husband, her father-in-law and brothers-in-law are running the business. Hence she submitted a request for getting half of their income (Rs 1.25 lakh) for the survival of herself and her children.

She claimed that her in-laws tried discarded her from the property rights. They also created obstruction so that she along with children could not stay in the house. They also threatened her of dire consequences. The police refused to register her complaint saying that it is a matter internal conflict in the family. Hence the woman approached the court.

According to the respondents (in-laws), the woman (applicant) was staying in a separate house with her husband and children. She never stayed in their house. Hence, she was not harassed or tortured by them. Their financial condition is poor. The woman’s husband was truck driver. Adding to the woes, her claim that he was running father’s kirana shop and was earning income through it is false.

They also mentioned that as per the Muslim Law, a person is declared as owner of the property if it is registered in his name. He has all right to dispose of the property as per will during his life, observed the court. Hence the court rejected the request of transferring the property in the name of applicant. Adv Ram Wagh and Adv S A Shaikh represented on behalf of the in-laws.