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Start Free TrialMuslim 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.
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Chapter I
Title: Dower Among Muhammdans
State: Central
Year: 1876
Where the amount of dower stipulated for in any contract of dower by a Muhammadan is excessive with reference to the means of the husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband and the status of the wife. Rule applicable after husbands death.- This rule shall be applicable whether the suit to enforce the contract be brought in the husband's life time or after his death.
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Section 5
Title: Muthammadan Dower Contracts How to Be Enforced
State: Central
Year: 1876
Where the amount of dower stipulated for in any contract of dower by a Muhammadan is excessive with reference to the means of the husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband and the status of the wife. Rule applicable after husbands death.- This rule shall be applicable whether the suit to enforce the contract be brought in the husband's life time or after his death.
View Complete Act List Judgments citing this sectionDissolution of Muslim Marriages Act, 1939 Section 5
Title: Rights of Dower Not to Be Affected
State: Central
Year: 1939
Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.
View Complete Act List Judgments citing this sectionMuslim 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.....
List Judgments citing this sectionDOWRY PROHIBITION ACT, 1961 Section 2
Title: Definition of 'dowry'
State: Central
Year: 1961
In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly-- (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before1[or any time after the marriage]2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. 3[***] Explanation II.--The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860). ________________________ 1. Substituted by Act 43 of 1986, Section 2, for "or after the marriage" (w.e.f. 19-11-1986). 2. Substituted by Act 63 of 1984, Section 2, for certain words (w.e.f. 2-10-1985). 3. Explanation I omitted by Act 63 of 1984, Section 2 (w.e.f. 2-10-1985).
View Complete Act List Judgments citing this sectionDowry Prohibition Act, 1961 Complete Act
State: Central
Year: 1961
.....of the husband on the ground of non-receipt of dowry or insufficient dowry has already been given effect to by the Criminal Law (Second Amendment) Act, 1983. This Act amended, inter alia, the Indian Penal Code to include therein a provision for punishment for cruelty to married women and was aimed at dealing directly with the problem of dowry suicides and dowry deaths. 3. The Joint Committee has recommended that the definition of "dowry" contained in section 2 of the 1961 Act should be modified by omitting the expression "as consideration for the marriage" used therein on the ground that it is well nigh impossible to prove that anything given were a consideration for the marriage for the obvious and simple reason that the giver i.e., the parents who are usually the victims would be reluctant and unwilling to set the law in motion. The omission of the words "as consideration for the marriage" would make the definition not only wide but also unworkable, for, if these words are omitted, anything given, whether before or after or at the time of marriage by any one, may amount to dowry. The Supreme Court has also placed a liberal construction on the word "dowry" as used in section 4.....
List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionThe Dowry Prohibition (Haryana Amendment) Act, 1976 Complete Act
State: Haryana
Year: 1976
.....for the contravention of clause (f) of section 3, or such portion thereof, as the court may deem proper, shall be paid to the wife". 3. In sub-section (2) of section 6 of the principal Act, for the words "or with fine which may extend to five thousand rupees, or with both", the words "and with fine which may extend to five thousand rupees" shall be substituted. 4. For section 7 of the principal Act, the following section shall be Substitution of substituted, namely:- "7. Cognizance of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) no court infector to that of a Judicial Magistrate of the first class shall try any offence under this Act; (b) no court shall take cognizance of any such offence except on a complaint made by any party to the marriage or her father, mother or brother or a Gazetted Officer specially authorized by the State Government in this behalf, within a period of one year from the date of the marriage; (c) no court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order,.....
List Judgments citing this sectionThe Dowry Prohibition Act, 1961 Complete Act
State: Meghalaya
Year: 1961
THE DOWRY PROHIBITION ACT, 1961 THE DOWRY PROHIBITION ACT, 1961 ACT NO. 28 OF 1961 [20th May, 1961] An Act to prohibit the giving or taking of dowry. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows.- 1. Short title, extent and commencement. (1) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jam and Kashmir. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry". In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.-For the removal of doubts, it is hereby declare that any presents.....
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