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

State: Central

Year: 1986

.....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. SECTION 03: 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 forte, 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 marriage or after the 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.....

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 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 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.