Muslim Women's Right to Maintenance

Muslim Women's Right to Maintenance

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

Iddat period means in the case of a divorced woman -

1. three menstrual courses after the date of divorce, if she is subject to menstruation; and
2. three lunar months after her divorce, if she is not subject to menstruation; and
3. if she is pregnant at the time of her divorce, the period between the divorce and delivery of her child or the termination of her pregnancy whichever is earlier.

Rights

A Muslim woman at the time of divorce is entitled to the following

1. A reasonable and fair provision and maintenance to be made and paid to her within the iddatperiod by her former husband;
2. Where she herself maintains the children born to her before or after her divorce, reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children;
3. An amount equal to the sum of mahr or dower agreed to be paid to her at her time of her marriage or at any time thereafter according to Muslim law; and
4. 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.
5. An amount equal to the sum of mahr or dower agreed to be paid to her at her time of her marriage or at any time thereafter according to Muslim law; and
6. 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.

Application

Where

• A reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid or
• The properties referred to above have not been delivered to a divorced woman on her divorce,

She or any one duly authorized 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.

Where an application has been made by a divorced woman and the Magistrate is satisfied that-

1. 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
2. the amount equal to the sum of mahr or dower has not been paid; or
3. that the properties have not been delivered to her,

He may 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
• Make an order for the payment of such mahr or dower or
• The delivery of such properties as referred to above to the divorced woman

Failure to Pay

If any person against whom an order has been made fails without sufficient cause to comply with the order, the Magistrate may

1. 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 and
2. 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.

Failure to Maintain Herself After Iddat Period

Where the 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 who 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.

Where Parents are Unable to Pay

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 may, 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 think fit to order.

Where Divorced Woman has no Relatives

Where a divorced woman is unable to maintain herself and she has no relatives as mentioned above or any one of them have not enough means to pay the maintenance ordered by the Magistrate, the Magistrate may, by order direct the State Wakf Board, functioning in the area in which the woman resides,

• To pay such maintenance as determined by him or,

As the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as be may specify in his order.