| No Feedbacks | 16 Views

The Muslim Women protection Of Rights On Divorce Act, 1986

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT
ACT NO. 25 OF
19th May
An Act to protect the rights of Muslim women who have been divorced
by or have obtained divorce from their husbands and to provide for
matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Thirty – seventh year of the Republic
of India as follows:-

1. Short title and extent.

1. Short title and extent. – (1) This Act may be called the Muslim
Women (Protection of Rights on Divorce) Act 1986.

(2) It extends to the whole of India except the State of Jammu and
Kashmir.

2. Definitions.

2. Definitions. – In this Act unless the context otherwise requires-

(a) divorced woman means a Muslim woman who was married according to
Muslim law and has been divorced by or has obtained divorce from
her husband in accordance with Muslim law;

(b) iddat period means in the case of a divorced woman-

(i) three menstrual courses after the date of divorce if she is
subject to menstruation; and

(ii) three lunar months after her divorce if she is not subject to
menstruation; and

(iii) if she is enceinte at the time of her divorce the period
between the divorce and the delivery of her child or the termination
of her pregnancy whichever is earlier;

(c) Magistrate means a Magistrate of the First class exercising
jurisdiction under the Code of Criminal Procedure 1973 (2 of 1974) in
the area where the divorced woman resides;

(d) prescribed means prescribed by rules made under this Act.

3. Mahr or other properties of Muslim woman to be given to her at thetime of
divorce.

3. Mahr or other properties of Muslim woman to be given to her at the
time of divorce. – (1) Notwithstanding anything contained in any other
law for the time being in force a divorced woman shall be 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 or after
her marriage by her relatives or friends or the husband or any
relatives of the husband or his friends. marriage

(2) Where a reasonable and fair provision and maintenance or the
amount of mahr or dower due has not been made or paid or the
properties referred to in clause (d) of sub – section (1) have not been
delivered to a divorced woman on her divorce she or any o ne duly
authorized by her may on her behalf make an application to a
Magistrate for an order for payment of such provision and maintenance
mahr or dower or the delivery of properties; as the case may be.

(3) Where an application has been made under sub – section (2) by a
divorced woman the Magistrate may if he is satisfied that-

(a) her husband having sufficient means has failed or neglected to
make or pay her within the iddat period a reasonable and fair
provision and maintenance for her and the children; or

(b) the amount equal to the sum of mahr or dower has not been paid or
that the properties referred to in clause (d) of sub – section (1) have
not been delivered to her

make an order within one month of the date of the 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 it and proper having regard to the needs of he divorced
woman the standard of life enjoyed by her during her marriage and the
means of her former husband or as the case may be for the payment of
such mahr or dower or the delivery of such properties referred to in
clause (d) of sub – section (1) t the divorced woman:

Provided that if the Magistrate finds it impracticable to dispose of
the application within the said period he may for reasons to be
recorded by him dispose of the application after the said period.

(4) If any person against whom an order has been made under
sub – section (3) fails without sufficient cause to comply with the
order the Magistrate may issue a warrant for levying the amount of
maintenance or mahr or dower due in the manner provided for levying
fines under the Code of Criminal Procedure 1973 (2 of 1974) and may
sentence such person for the whole or part of any amount remaining
unpaid after the execution of the warrant to imprisonment for a term
which may extend to one year or until ayment if sooner made subject
to such person being heard in defence and the said sentence being
imposed according to the provisions of the said Code.

4. Order for payment of maintenance.

4. Order for payment of maintenance. – (1) Notwithstanding anything
contained in the foregoing provisions of this Act or in any other law
for the time being in force where a Magistrate is satisfied that a
divorced woman has not re – married and is not able to maintain herself
after the iddat period he may make an order directing such of her
relatives as would be entitled to inherit her property on her death
according to Muslim law to pay such reasonable and fair maintenance to
her as he may determine fit nd proper having regard to the needs of
the divorced woman the standard of life enjoyed by her during her
marriage and the means of such relatives and such maintenance shall be
payable by such relatives in the proportions in which they would
inherit he property and at such periods as he may specify in his
order:

Provided that where such divorced woman has children the Magistrate
shall order only such children to pay maintenance to her and in the
event of any such children being unable to pay such maintenance the
Magistrate shall order the parents of such divo rced woman to pay
maintenance to her:

Provided further that if any of the parents is unable to pay his or
her share of the maintenance ordered by the Magistrate on the ground
of his or her not having the means to pay the same the Magistrate
may on proof of such inability being furnished to him order that the
share of such relatives in the maintenance ordered by him be paid by
such of the other relatives as may appear to the Magistrate to have
the means of paying the same in such proportions as the Magistrate may
think fit to order.

(2) Where a divorced woman is unable to maintain herself and she has
no relatives as mentioned in sub – section (1) or such relatives or any
one of them have not enough means to pay the maintenance ordered by
the Magistrate or the other relatives have not the means to pay the
shares of those relatives whose shares have been ordered by the
Magistrate to be paid by such other relatives under the second proviso
to sub – section (1) the Magistrate may by order direct the State
Wakf Board established under se tion 9 of the Wakf Act 1954 (29 of
1954) or under any other law for the time being in force in a State
functioning in the area in which the woman resides to pay such
maintenance as determined by him under sub – section (1) or as the case
may be to pa the shares of such of the relatives who are unable to
pay at such periods as he may specify in his order.

5. Option to be governed by the provisions of sections 125 to 128 of Act2 of 1974.

5. Option to be governed by the provisions of sections 125 to 128 of
Act 2 of 1974. – If on the date of the first hearing of the application
under sub – section (2) of section 3 a divorced woman and her former
husband declare by affidavit or any other decl aration in writing in
such form as may be prescribed either jointly or separately that
they would prefer to be governed by the provisions of sections 125 to
128 of the Code of Criminal Procedure 1973 (2 of 1974) and file such
affidavit or declaration in the court hearing the application the
Magistrate shall dispose of such application accordingly.

Explanation. – For the purposes of this section date of the first
hearing of the application means the date fixed in the summons for
the attendance of the respondent to the application.

6. Power to make rules.

6. Power to make rules. – (1) The Central Government may by
notification in the Official Gazette make rules for carrying out the
purposes of this Act.

(2) In particular and without prejudice to the foregoing power such
rules may provide for-

(a) the form of the affidavit or other declaration in writing to be
filed under section 5;

(b) the procedure to be followed by the Magistrate in disposing of

applications under this Act including the serving of notices to the
parties to such applications dates of hearing of such applications
and other matters;

(c) any other matter which is required to be or may be prescribed.

(3) Every rule made under this Act shall be laid as soon as may be

after it is made before each House of Parliament while it is in
session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions and if before the
expiry of the session immediately following the session or the
successive sessions aforesaid both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
form or be of no effect as the case may be; so however that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule. be made the
rule shall thereafter hav effect only in such modified

7. Transitional provisions.

7. Transitional provisions. – Every application by a divorced woman
under section 125 or under section 127 of the Code of Criminal
Procedure 1973 (2 of 1974) pending before a Magistrate on the
commencement of this Act shall notwithstanding anything cont ained
in that Code and subject to the provisions of section 5 of this Act
be dispose of by such Magistrate in accordance with the provisions of
this Act.

Got something to say? Join the discussion. Leave a comment

Comment