Court : Orissa
Reported in : 94(2002)CLT275; I(2003)DMC81; 2002(II)OLR433
..... (iii) a divorced muslim woman has not remarried and who is not able to maintain herself after iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including her children and parents. ..... it was strenuously contended that the learned judge, family court even did not go through the provisions of section 7 of the family courts act, 1984, whereunder it has been clearly stipulated that the suit for maintenance, and suit for property are maintainable before the family court. ..... 1 was a divorcee with effect from 13.12.1991, and as such the proceeding is not maintainable in view of section 3 of the muslim women (protection of rites on divorce) act, 1986, (hereinafter referred to as the 'act'), according to which a muslim divorcee shall only be entitled to meher and other dower. ..... if any of the relatives being unable to pay maintenance, the magistrate may direct the state wakf board established under the act to pay such maintenance. 5. ..... (ii) liability of muslim husband to his divorced wife arising under section 3(1)(a) of the act to pay maintenance is not confined to iddat period. ..... such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of section 3(1)(a) of the act. ..... is not maintainable in view of section 3 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR682
..... provisions of section 125 of the code are not repugnant to the act, and children of divorced wife and husband who crossed the age prescribed in section 3(1)(b) are entitled to maintenance under section 125 of ..... provisions contained in section 4 cast mobility on the relatives or the wakf board, as the case may be, for payment of maintenance to the divorced woman, if she is not re-married or is unable to maintain herself after the ..... claim such maintenance is not taken away under section 3 of the act, and on the contrary gives additional safeguard to the children.6. ..... section 125 of the code would be applicable to the case of a divorced muslim woman only if both parties exercise their options at the first hearing of the application under section 3(2) of the act, and not in any other case. ..... reflect true intention of the legislature, as even a bare reading of the provisions would show.a combined and harmonious reading of provisions of sections 3 to 7 of the act clearly demonstrates that the general object is to bring law of maintenance payable in consonance with the principles of muslim law, and therefore, sections 125 to 128 of the code will have no application, unless option of parties in terms of section 5 of the act is exercised. ..... sections 125 to 128 of the code would have no application, and proceeding at the instance of a divorced wife would not be maintainable, except in cases covered by section 5 of the muslim women (protection of rights on divorce) act, 1986 in short, the 'act'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1417; [1988]172ITR614(SC); JT1988(2)SC487; 1988(1)SCALE1112; (1988)3SCC562a; [1988]Supp1SCR227
..... referring to the reliance by the high court on the incidents 'hiba-ba-shart-ul-evaz' learned counsel submitted that the reasoning of the high court based on this form of a mussalman gift was destructive of the assessee's case inasmuch as the kind of gift envisaged by 'hiba-ba-shart-ul evaz' expressly stipulated contemporaneous liability for a return.shri ramachandran, learned counsel for the assessee, sought to support the ..... was placed before the high court, or before us, to establish the content and incidents of this idea of what is referred to 'quaraza-e-husana' it is not possible to say, one way or the other, whether courts can recognise and act upon such a rule of muslim law much less afford relief to the proponent of that rule.indeed literature on the principles of islamic banking 'unlawful gain and legitimate profit in islamic law' (nibil a. ..... , [1923] 2 k.b. ..... these appeals, by special leave, by the commissioner of wealth-tax, bhopal, arise out of the opinion rendered by the high court of madhya pradesh, bhopal, in four-consolidated wealth-tax references under section 27(1) of the wealth-tax act, 1957. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC554; (1973)1SCC1; [1973]2SCR300
..... here that muslim jurisprudence, where theology and moral concepts are found sometimes mingled with secular utilitarian legal principles, contains a very elaborate theory of acts which are good (because they proceed from 'hasna'), those which are bad (because they exhibit 'qubuh'), and those which arc neutral per ..... it held that the rule of muslim personal law on the subject has the same effect as section 6(a) of the transfer of property act which lays down : the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a ..... after equating the effect of the rule of mahomedan law with that of section 6(a) of the transfer of property act, the high court applied the principle that no estoppel can arise against statute to what it considered to be an estoppel put forward against a ..... the question of estoppel is really a question arising under the contract act and the evidence act, and is not a question strictly arising under the mahomedan law. ..... which indicated that a husband would not have executed a deed of wakf if the wife had not relinquished her claim to inheritance. ..... it pointed out that, although, section 2 of the transfer of property act provided that nothing in the second chapter of the act will be deemed to affect any rule of mahomedan law, so that section 6(a) contained in chapter 2 could not really be applied, yet, the effect of mahomedan law itself was that 'the chance of a mahomedan .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC566; II(1998)DMC468; (1997)IIMLJ464
..... :'in the light of the foregoing discussion, in answer to the first question, we are of the opinion that the divorced woman cannot claim maintenance under section 125 of the code after passing of the act of 1986.in regard to second question, we hold that the fair and reasonable provision and maintenance contemplated under section 3(1)(a) payable by the husband is restricted only for the period of iddat and the liability ..... the shares of the defaulting relatives also do not have the means to pay the shares of the defaulting relatives, the magis-trate would order the state wakf board to pay the maintenance ordered by him or the shares of the relatives who are unable to pay. ..... the kerala high court has taken a distinct view on identical facts that under section 3(l)(a) of the act, a divorced woman is not only entitled to maintenance for the iddat periods from her former husband but also to a reasonable ..... for the attendance of the respondents to the application'.section 7 :- transitional provisions : even application by a divorced women under section 125 or under section 127 of the code of criminal procedure act, shall not withstanding anything contained in that code and subject to the provisions of section 5 of this ..... so far as the first point is concerned, it is convenient to see the provisions of the act before adverting to the arguments of the learned counsel, section 3 of the act to the extent it is necessary for us is as follows:-'mahar or other properties of muslim women to be given .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ737
..... a divorced muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including her ..... , since there were no materials to show that the respondent was normally resident in india, the appellant was entitled to take advantage of section 15(5) of the limitation act which permits the exclusion of the time during which the defendant has been absent from india while computing the period of limitation for any suit. ..... article 105 is restricted to hindus alone, the fact remains that ex.a.2 assuming it is a genuine document, is dated 8.3.1977 and the suit was filed on 23.4.1977, and article 68 and 69 of the limitation act would apply and since the suit should be laid within three years from the date when the right accrued this suit is time barred. ..... relatives being unable to pay maintenance, the magistrate may direct the state wakf board established under the act to pay such maintenance. ..... the court below erred in holding article 68 and 69 of limitation act applies, on the contrary since no specific provision is made, it is ..... the relevant extract is:-'while upholding the validity of the act, we may sum up our conclusions: (1) a muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom39; II(2006)DMC294
..... in the circumstances of the case, the respondent's application under section 3 of the muslim women (protection of rights on divorce) act (25 of 1986) is nothing but an abuse of the process of the court which necessitates invoking the inherent powers of this court under section 482 of the code of criminal ..... respondent, however, moved application under section 3 of the muslim women (protection of rights on divorce) act (25 of 1986) in the year 2001 for reasonable and fair provision of rs. ..... according to the petitioner (former husband) it is for the wakf board to make reasonable and fair provision and for maintenance of the respondent (wife) who is a ..... may be noted that the muslim women (protection of rights on divorce) act (25 of 1986) came into operation on 29th may, 1986. ..... under section 3 of muslim women (protection of rights on divorce) act (25 of 1986) is barred by the principles of res judicata. ..... (wife) filed an application under section 3 of the muslim women (protection of rights on divorce) act (25 of 1986) for reasonable and fair provision of rs. ..... below committed an error in entertaining and allowing the application of the respondent under section 3 of the muslim women (protection of rights on divorce) act (25 of 1986). ..... (wife), which resulted in withdrawal of the application under section 125 of the code of criminal procedure created an estoppel against the respondent to move application under section 3 of the muslim women (protection of rights on divorce) act (25 of 1986). .....
Tag this Judgment!Court : Karnataka
Reported in : I(2007)DMC654
..... later she filed application under section 3(1) and (2) of the act before the magistrate, bilgi in cri. ..... 2 lakhs towards her maintenance, marriage and other expenses and for return of the house hold articles as per section 3 of the muslim women (protection of rights on divorce) act, 1986 ('act' for short).2. ..... section 3 of the act provides for a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband and also the mehr or dower amount agreed to be paid to her at the time of .....
Tag this Judgment!Court : Allahabad
Reported in : II(1995)DMC222
..... , 1990 alt 365, wherein it has been provided that the said act being not retrospective in operation cannot invalidate the order of maintenance passed by the learned magistrate under the provisions of section 125 ..... he has also held that it is unnecessary to go into the question whether the act is prospective or retrospective in its operation, the reason being that once a married woman assumes the character of a divorced woman, the provisions of ..... a provision has also been made in sub-section (2) of section 4 the act that if a divorced muslim woman is unable to maintain herself and finds no support from her relatives, due to their incapacity, the magistrate may direct the state waqf board to pay such maintenance according to her ..... both the courts below referred section 7 of the said act wherein it has been provided that every application of a divorced woman under section 125 or under section 127 ..... counsel has submitted that paramount consideration was not that the act has retrospective operation but should have that after commencement of this act whether a divorcee will be guided by the cr.p.c. ..... going through both the decisions, i find that the approach of mohammad yammeed's case is inconsistent with the provisions of section 3 of the said act, and it is not necessary to see whether the act has any retrospective operation. ..... , basti, dismissed it on the ground that the muslim women (protection of rights on divorce) act, 1986 (hereinafter called as the act) has no retrospective operation. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ604
..... bail mohmuna saiyadbhai, air 1988 gujarat 141, does not reflect true intention of the legislature, as even a bare reading of the provisions would show.a combined and harmonious reading of provisions of sections 3 to 7 of the act clearly demonstrates that the general object is to bring law of maintenance payable in consonance with the principles of muslim law, and therefore sections 125 to 128 of the code will have no application, unless option of parties in ..... provisions contained in section 4 cast liability on the relatives or the wakf board, as the case may, for payment of maintenance to the divorced woman, if she is not remarried or is unable to maintain herself after ..... provisions of section 125, of the code are not repugnant to the act, and children of divorced wife and husband who cross the age prescribed in section 3(1)(b) are entitled to maintenance under section 125, ..... such maintenance is not taken away under section 3 of the act, and on the contrary gives additional safeguard to the children.9. ..... since there is no provision for the minor children in the act, learned jmfc should have held the application to be maintainable under the code, so far as the ..... 125 of the code would be applicable to the case of a divorced muslim woman only if both parties exercise their options at the first hearing of the application under section 3(2) of the act and not in any other case. ..... there being no provision under the act for minor children beyond certain age, conclusions of learned magistrate are .....
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