The Muslim Women (Protection of Rights on Divorce) Act, 1986

(1) This Act may be called the Muslim Women (Protection of Rights onDivorce) Act, 1986. (2) It extends to the whole of India 1***.

In this Act, unless the context otherwise requires, (a) "divorced woman" means a Muslim woman who was married according to Muslim law, andhas 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; and (iii) if she is enceinte at the time of her divorce, the period between the divorce and thedelivery of her child or the termination of her pregnancy, whichever is earlier; (c) "Magistrate" means a Magistrate of the First class exercising jurisdiction under the Code ofCriminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides; (d) "prescribed" means prescribed by rules made under this Act.

(1)Notwithstanding anything contained in any other law for the time being in force, a divorced woman shallbe entitled to (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddatperiod by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonableand fair provision and maintenance to be made and paid by her former husband for a period of twoyears from the respective dates 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 hermarriage 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 her marriage by herrelatives 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 hasnot been made or paid or the properties referred to in clause (d) of sub-section (1) have not been deliveredto a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make anapplication to a Magistrate for an order for payment of such provision and maintenance, mahr or dower orthe delivery of properties, as the case may be. (3) Where an application has been made under sub-section (2) by a divorced woman, the Magistratemay, if he is satisfied that-- (a) her husband having sufficient means, has failed or neglected to make or pay her within theiddat period a reasonable and fair provision 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 referredto 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 husbandto pay such reasonable and fair provision and maintenance to the divorced woman as he may determine asit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her duringher marriage and the means of her former husband or, as the case may be, for the payment of such mahror dower or the delivery of such properties referred to in clause (d) of sub-section (1) the divorcedwoman: Provided that if the Magistrate finds it impracticable to dispose of the application within the saidperiod, 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 sufficientcause to comply with the order, the Magistrate may issue a warrant for levying the amount ofmaintenance or mahr or dower due in the manner provided for levying fines under the Code of CriminalProcedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any amountremaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to oneyear or until payment if sooner made, subject to such person being heard in defence and the said sentencebeing imposed according to the provisions of the said Code.

(1) Notwithstanding anything contained in the foregoingprovisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that adivorced woman has not re-married and is not able to maintain herself after the iddat period, he maymake an order directing such of her relatives as would be entitled to inherit her property on her deathaccording to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit andproper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during hermarriage and the means of such relatives and such maintenance shall be payable by such relatives in theproportions in which they would inherit he 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 childrento 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 orderedby the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may,on proof of such inability being furnished to him, order that the share of such relatives in the maintenanceordered by him be paid by such of the other relatives as may appear to the Magistrate to have the meansof paying the same in such proportions as the Magistrate may think fit to order. (2) Where a divorced woman is unable to maintain herself and she has no relatives as mentioned insub-section (1) or such relatives or any one of them have not enough means to pay the maintenanceordered by the Magistrate or the other relatives have not the means to pay the shares of those relativeswhose shares have been ordered by the Magistrate to be paid by such other relatives under the secondproviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established undersection 9 of the Wakf Act, 1954 (29 of 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 undersub-section (1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, atsuch periods as he may specify in his order.

If on the dateof the first hearing of the application under sub-section (2) of section 3, a divorced woman and her formerhusband declare, by affidavit or any other declaration in writing in such form as may be prescribed, eitherjointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of theCode of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the court hearingthe 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 thedate fixed in the summons for the attendance of the respondent to the application.