THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE)
ACT, 1986 THE
MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 1.
Short title and extent 2.
Definitions 3.
Mahr or other properties of Muslim woman to be given to her at the time of
divorce 4.
Order for payment of maintenance 5.
Option to be governed by the provisions of sections 125 to 128 of Act 2 of
1974 6.
Power to make rules 7.
Transitional provisions 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) 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. 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;
(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 in the area where the divorced woman
resides; (d)
"prescribed" means prescribed by rules made under this Act. (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 of 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. (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 one duly authorised 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 fit and proper having regard to the needs of the 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)
to 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, 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 payment 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. (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 and 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 her 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 divorced 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 section 9 of the Wakf Act, 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 pay the shares of such of the
relatives who are unable to pay, at such periods as he may specify in his
order. 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 declaration 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, 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. (1) The Central
Government may, by notification in the Official Gazette, make rules or 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 be made,
the rule shall thereafter have effect only in such modified 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. Every application by a divorced
woman under section 125 or under section 127 of the Code of Criminal Procedure,
1973 pending before a Magistrate on the commencement of this Act, shall,
notwithstanding anything contained 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
[Act No. 1. Short title and extent
2. Definitions
3. Mahr or other properties of Muslim
woman to be given to her at the time of divorce
4. Order for payment of
maintenance
5. Option to be governed by the
provisions of sections 125 to 128 of Act 2 of 1974
6. Power to make rules
7. Transitional provisions