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Muslim Women (Protection of Rights on Divorce) Act, 1986 Complete Act

State: Central

Year: 1986

.....these rules, unless the context otherwise requires- (a) "Act" means The Muslim Women (Protection of Rights on Divorce) Act, 1986. (25 of 1986); (b) "Code" means theCode of Criminal Procedure, 1973 (2 of 1974)-; and (c) "Form" means form annexed to these rules. RULE 3 SERVICE OF SUMMONS (1) Every summons issued by a Magistrate on an application made under the Act, shall be in writing, in duplicate, signed by the Magistrate or by such other officer as he may, from time to time, direct and shall bear the seal of the Court. (2) Every such summons shall be accompanied by a true copy of the application. (3) Every such summons issued under Sub-rule (1) shall specify the date of the first hearing of the application which shall not be later than seven days from the date on which the summons is issued. (4) Every summons shall be served by a police officer or by an officer of the Court issuing it. (5) The summons shall, if practicable, be served personally on the respondent, by delivering or tendering to him one of the duplicate of the summons. (6) Every respondent on whom the summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of other.....

Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3

Title: Mahr or Other Properties of Muslim Woman to Be Given to Her at the Time of Divorce

State: Central

Year: 1986

.....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 (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 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.

Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 4

Title: Order for Payment of Maintenance

State: Central

Year: 1986

.....a divorced woman is unable to maintain herself and she has no relative 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 proviso to sub-section (1), the Magistrate may, by order direct the State Wakf Board established under section 9 of the Wakf Act, (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 pay the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order.

Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 2

Title: Definitions

State: Central

Year: 1986

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; (b) "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.

Muslim Women (Protection of Rights on Divorce) Act, 1986 Preamble 1

Title: Muslim Women (Protection of Rights on Divorce) Act, 1986

State: Central

Year: 1986

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 19861 [Act, No. 25 of 1986] PREAMBLE 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. The Act received the assent of the President of India on May 19, 1986 and was published in the Gazette of India Extra-Ord., Part II, Sec. 1.

Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 5

Title: Option to Be Governed by the Provisions of Section 125 to 128 of Act 2 of 1974

State: Central

Year: 1986

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 (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.

Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 7

Title: Transitional Provisions

State: Central

Year: 1986

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 or the commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of this Act.