An Act to protect the rights of Muslim women who have been divorced
by, or have obtained divorce from, their husbands and to provide for
matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Thirty -seventh year of the
Republic of India as follows:-
1. Short title and extent.-(1) This Act may be called the Muslim Women
(Protection of Rights on Divorce) Act, 1986.
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; (ii) three lunar months after her divorce, if she is not subject to
menstruation; (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; (c) “Magistrate” means a Magistrate of 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. 3. 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 force, 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 before or after
the 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 date 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 had not been made or paid or the
properties referred to in clause (d) of sub-section (1) have not been
delivered to a divorced woman on her divorce, she or any one duly
authorised by her may, on her behalf, make an application to a
Magistrate for an order for payment of such provision and maintenance,
mahr or dower or the delivery of properties, as the case may be. (3) Where an application has been made under sub-section (2) by a
divorced woman, the Magistrate may, if he is satisfied that- (a) her husband having sufficient means, has failed or neglected to
make or pay her within the iddat period a reasonable and fair
provisions and maintenance for her and the children; or (b) the amount equal to the sum of mahr or dower has not been paid or
that the properties referred to in clause (d) of sub-section (1) have
not been paid or that the properties referred to in clause (d) of
sub-section (1) have not been delivered to her, make an order, within
one month of the date of the filing of the application, directing her
former husband to pay such reasonable and fair provision and
maintenance to the divorced woman as he may determine as fit and
proper having regard to the needs of the divorced woman, the standard
of life enjoyed by her during her marriage and the means of her former
husband or, as the case may be, for the payment of such 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, 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. 4. Order for payment of maintenance. - (1) Notwithstanding anything
contained in the foregoing provisions of this Act or in any other law
for the time being in force, where a Magistrate is satisfied that a
divorced woman has not re-married and is not able to maintain herself
after the iddat period, he may make an order directing such of her
relatives as would be entitled to inherit her property on her death
according to Muslim law to pay such reasonable and fair maintenance to
her as he may determine fit and proper, having regard to the needs of
the divorced woman, the standard of life enjoyed by her during her
marriage and the means of such relatives and such maintenance shall be
payable by such relatives in the proportions in which they would
inherit her property and at such periods as he may specify in his
order: Provided that where such divorced woman has children, the Magistrate
shall order only such children to pay maintenance to her, and in the
event of any such children being unable to pay such maintenance, the
Magistrate shall order the parents of such divorced woman to pay
maintenance to her: Provided further that if any of the parents is unable to pay his or
her share of the maintenance ordered by the Magistrate on the ground
of his or her not having the means to pay the same, the Magistrate, on
proof of such inability being furnished to him, order that the share
of such relatives in the maintenance ordered by him be paid by such of
the other relatives as may appear to the Magistrate to have the means
of paying the same in such proportions as the Magistrate may thin fit
to order. (2) Where a divorced woman is unable to maintain herself and she has
no relatives as mentioned in sub-section (1) or such relatives or any
one of them have not enough means to pay the maintenance ordered 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 second proviso to
sub-section(1), the Magistrate may, by order direct the State of Wakf
Board established under Section 9 of the Wakf Act, 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. 5. Opinion to be governed by the provisions of Section 125 to 128 of
Act 2 of 1974.- If, on the date of the first hearing of the application under
sub-section (2) of Section 3, a divorced woman and her former husband
declare, by affidavit or any other declaration in writing in such form
as may be prescribed, either jointly or separately, that they would
prefer to be governed by the provisions of Section 125 to 128 of the
Code of Criminal Procedure, 1973, and file such affidavit or
declaration in the Court hearing the application, the Magistrate shall
dispose of such application accordingly. Explanation. - For the purposes of this section, “date of the first
hearing of the application” means the date fixed in the summons for
the attendance of the respondent to the application. 6. Power to make rules. - (1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
purposes of this Ac. (2) In particular and without prejudice to the foregoing power, such
rules may provide for- (a) The form of the affidavit or other declaration in writing to be
filed under Section 5; (b) The procedure to be followed by the Magistrate in disposing of
applications under the Act, including the serving of notices to the
parties to such applications date of hearing of such applications and
other matters; (c) Any other matter which is required to be or may be prescribed (3) Every rule made under this Act shall be laid as soon as may be
after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in
one session or in two or more successive session, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both House agree in making any
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
form or be no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule. 7. Transitional provisions. - Every application by a divorced woman
under Section 125 or under Section 127 of the Code of Criminal
Procedure, 1973 pending before a Magistrate on the commencement of
this Act, shall notwithstanding anything contained in that Code and
subjected to the provisions of Section 5 of this Act, be disposed of
by such Magistrate in accordance with the provisions of this Act.
Gulshaa Begum
Chairperson
Kamaluddin Charitable Trust
Domestic Violence / Rape & Abuse Aid
