THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986

PREAMBLE

What is the Act number of the Muslim Women (Protection of Rights on Divorce) Act, 1986?

Act No. 25 of 1986.

When was the Muslim Women (Protection of Rights on Divorce) Act, 1986 enacted?

19th May, 1986.

What is the purpose of the Muslim Women (Protection of Rights on Divorce) Act, 1986?

To protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands.

Who are the beneficiaries under the Muslim Women (Protection of Rights on Divorce) Act, 1986?

Muslim women who have been divorced by, or have obtained divorce from, their husbands.

What additional matters does the Muslim Women (Protection of Rights on Divorce) Act, 1986 provide for?

Matters connected therewith or incidental thereto.

In which year of the Republic of India was the Muslim Women (Protection of Rights on Divorce) Act, 1986 enacted?

The Thirty-seventh year of the Republic of India.

What is the subject matter of Section 1?

Short title and extent.

What is the short title of the Act under Section 1?

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

To what extent does the Muslim Women (Protection of Rights on Divorce) Act, 1986 extend?

It extends to the whole of India.

What is the subject matter of Section 2?

Definitions.

Who is a "divorced woman" under Section 2(a)?

A Muslim woman married according to Muslim law who has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law.

What are the essential requirements to qualify as a "divorced woman" under Section 2(a)?

She must be a Muslim woman married according to Muslim law and divorced in accordance with Muslim law.

What is the iddat period for a divorced woman who is subject to menstruation?

Three menstrual courses after the date of divorce.

What is the iddat period for a divorced woman who is not subject to menstruation?

Three lunar months after her divorce.

What is the iddat period for a divorced woman who is enceinte at the time of divorce?

The period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier.

Who is a "Magistrate" under Section 2(c)?

A Magistrate of the First Class exercising jurisdiction under the BNSS in the area where the divorced woman resides.

What does "prescribed" mean under Section 2(d)?

Prescribed by rules made under this Act.

What is the subject matter of Section 3?

Mahr or other properties of Muslim woman to be given to her at the time of divorce.

What is the effect of the non-obstante clause in Section 3(1)?

The provisions of Section 3 prevail notwithstanding anything contained in any other law for the time being in force.

What is a divorced woman entitled to under Section 3(1)?

Reasonable and fair provision and maintenance, maintenance for children, mahr or dower, and properties specified under the Act.

When must the former husband make and pay reasonable and fair provision and maintenance to the divorced woman?

Within the iddat period.

For how long is the former husband liable to provide maintenance for children maintained by the divorced woman?

For two years from the respective dates of birth of such children.

Which children are covered under Section 3(1)(b)?

Children born to the divorced woman before or after her divorce whom she herself maintains.

What is a divorced woman entitled to under Section 3(1)(c)?

An amount equal to the sum of mahr or dower agreed to be paid to her according to Muslim law.

When may the mahr or dower have been agreed under Section 3(1)(c)?

At the time of marriage or at any time thereafter.

What properties is a divorced woman entitled to under Section 3(1)(d)?

All properties given to her before, at the time of, or after marriage by her relatives, friends, husband, or the husband's relatives or friends.

When can a divorced woman apply to a Magistrate under Section 3(2)?

When provision and maintenance or mahr or dower has not been made or paid, or the properties have not been delivered on her divorce.

Who may make an application under Section 3(2)?

The divorced woman or any person duly authorised by her on her behalf.

To whom is an application under Section 3(2) made?

A Magistrate.

On what ground may the Magistrate act under Section 3(3)(a)?

The former husband, having sufficient means, has failed or neglected to make or pay reasonable and fair provision and maintenance within the iddat period.

On what ground may the Magistrate act under Section 3(3)(b)?

Mahr or dower has not been paid or the properties referred to in Section 3(1)(d) have not been delivered.

Within what period should the Magistrate make an order under Section 3(3)?

Within one month from the date of filing of the application.

What factors must the Magistrate consider while determining reasonable and fair provision and maintenance under Section 3(3)?

The needs of the divorced woman, the standard of life enjoyed during marriage, and the means of her former husband.

When can the Magistrate dispose of the application after one month?

When disposal within one month is impracticable and reasons are recorded.

What action may the Magistrate take if the person fails to comply with an order under Section 3(3) without sufficient cause?

Issue a warrant for recovery of the amount in the manner provided for levying fines under the Bharatiya Nagarik Suraksha Sanhita.

What punishment may be imposed for non-compliance with an order under Section 3(3)?

Imprisonment for a term which may extend to one year or until payment, if sooner made.

What safeguard is provided before imposing imprisonment under Section 3(4)?

The person must be heard in defence and the sentence must be imposed according to the Bharatiya Nagarik Suraksha Sanhita.

What is the subject matter of Section 4?

Order for payment of maintenance.

What is the effect of the non-obstante clause in Section 4(1)?

Section 4 applies notwithstanding anything contained in the foregoing provisions of this Act or any other law for the time being in force.

When may a Magistrate order payment of maintenance under Section 4(1)?

When a divorced woman has not remarried and is unable to maintain herself after the iddat period.

Who is liable to pay maintenance under Section 4(1)?

Such relatives as would be entitled to inherit the divorced woman's property on her death according to Muslim law.

What factors must the Magistrate consider while determining maintenance under Section 4(1)?

The needs of the divorced woman, the standard of life enjoyed during her marriage, and the means of the relatives.

In what proportion shall relatives pay maintenance under Section 4(1)?

In the proportions in which they would inherit the divorced woman's property.

How is the period of payment of maintenance determined under Section 4(1)?

As specified by the Magistrate in his order.

Who is primarily liable to maintain the divorced woman if she has children?

Her children.

Who becomes liable if the children are unable to pay maintenance?

The parents of the divorced woman.

What may the Magistrate do if a parent is unable to pay his or her share of maintenance?

Order other relatives having sufficient means to pay that share in such proportions as he thinks fit.

What must be proved before the Magistrate shifts a parent's share of maintenance to other relatives?

The parent's inability to pay due to lack of means.

When may the Magistrate direct the State Wakf Board to pay maintenance under Section 4(2)?

When the divorced woman has no eligible relatives, or they lack sufficient means to pay maintenance.

Which State Wakf Board can be directed to pay maintenance under Section 4(2)?

The State Wakf Board functioning in the area where the divorced woman resides.

What may the State Wakf Board be directed to pay under Section 4(2)?

The maintenance determined by the Magistrate or the shares of relatives who are unable to pay.

At what intervals shall the State Wakf Board pay maintenance?

At such periods as the Magistrate specifies in his order.

What is the subject matter of Section 5?

Option to be governed by the provisions of sections 125 (144 of BNSS) to 128 (147 of BNSS) of the Code of Criminal Procedure, 1973.

Who may opt to be governed by Sections 125 to 128 of the Code of Criminal Procedure, 1973 under Section 5?

The divorced woman and her former husband.

At what stage can the option under Section 5 be exercised?

On the date of the first hearing of the application under Section 3(2).

How may the parties exercise the option under Section 5?

By affidavit or any other declaration in writing in the prescribed form.

Can the declaration under Section 5 be made separately?

Yes, it may be made jointly or separately.

Where must the affidavit or declaration under Section 5 be filed?

In the court hearing the application.

What is the duty of the Magistrate when a valid declaration under Section 5 is filed?

The Magistrate shall dispose of the application in accordance with Sections 144 to 147 of the Bharatiya Nagarik Suraksha Sanhita.

What does the expression "date of the first hearing of the application" mean under the Explanation to Section 5?

The date fixed in the summons for the attendance of the respondent to the application.

What is the subject matter of Section 6?

Power to make rules.

Who has the power to make rules under Section 6(1)?

The Central Government.

How are rules made under Section 6(1)?

By notification in the Official Gazette.

For what purpose may rules be made under Section 6(1)?

For carrying out the purposes of this Act.

What may rules prescribe under Section 6(2)(a)?

The form of the affidavit or other declaration in writing to be filed under Section 5.

What may rules provide regarding applications under the Act under Section 6(2)(b)?

The procedure to be followed by the Magistrate in disposing of applications.

What procedural matters may rules cover under Section 6(2)(b)?

Service of notices, dates of hearing, and other procedural matters relating to applications.

What may rules provide under Section 6(2)(c)?

Any other matter required to be or which may be prescribed.

Before whom must every rule made under the Act be laid?

Before each House of Parliament.

For how long must every rule be laid before Parliament?

For a total period of thirty days, which may be comprised in one session or in two or more successive sessions.

What is the effect if both Houses agree to modify a rule?

The rule shall thereafter have effect only in the modified form.

What is the effect if both Houses agree that a rule should not be made?

The rule shall thereafter be of no effect.

Does the modification or annulment of a rule affect actions already taken under it?

No, it is without prejudice to the validity of anything previously done under that rule.

What is the subject matter of Section 7?

Transitional provisions.

To which applications does Section 7 apply?

Applications by a divorced woman under Section 125 (now section 144 of BNSS) or Section 127 (Now 146 of BNSS) of the Code of Criminal Procedure, 1973 pending on the commencement of this Act.

Before whom must the application be pending for Section 7 to apply?

Before a Magistrate.

At what point of time must the application be pending for Section 7 to apply?

On the commencement of this Act.

What is the effect of the non-obstante clause in Section 7?

The provision applies notwithstanding anything contained in the BNSS.

To what is Section 7 made subject?

The provisions of Section 5 of this Act.

How shall pending applications covered under Section 7 be disposed of?

In accordance with the provisions of this Act.

Who shall dispose of the pending applications under Section 7?

The Magistrate before whom the applications are pending.