Within - Definition - Law Dictionary Home Dictionary Definition within

Definition :

Within, the expression 'within' should be read as 'during' or 'for' and this cannot be done because words cannot be construed contrary to their meaning as the word 'within' would mean 'on or before', 'not beyond' and, therefore, it was held that the Act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay a maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application before the Magistrate as provided in s. 3(3) but nowhere the Parliament has provided that reasonable and fair provision and maintenance is limited only for the iddat period and not beyond it. It would extend to the whole life of the divorced wife unless she gets married for a second time, Danial Latifi v. Union of India, AIR 2001 SC 3958 (3969): (2001) 7 SCC 740. [Muslim Women (Protection of Rights on Divorce Act, 1986, s. 3(1)(a)]