Iddat - Law Dictionary Search Results
Home Dictionary Name: iddatIddat
Iddat, means the time of probation which a divorced woman or widow must wait before she marries again in order to determine whether she is pregnant, is called iddat, if, during the period of iddat, marriage is performed by a divorced woman, it is illegal. The period is four months and ten days according to the Mohammedan law. Even during this period the relations between her and her husband are not destroyed; and she will be entitled to maintenance by him. According to the texts, the time of iddat or term or probation allowed to a free woman is that occupied in three successive menstruation. The iddat of a pregnant woman continues until she be delivered of a child. Her husband must defray all her expenses (food, raiment, habitation, etc.) until this period is over. Such expenses to which she is entitled are called her Iddat (Mohammedan Law)....
Iddat period
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. [Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986), s. 2 (b)]...
Within
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)]...
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