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 -
- three
menstrual courses after the date of divorce, if she is subject to
menstruation; and
- three
lunar months after her divorce, if she is not subject to menstruation; and
- 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
- A
reasonable and fair provision and maintenance to be made and paid to her
within the iddatperiod by her former husband;
- 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;
- 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
- 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.
- 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
- 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-
- 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
- the
amount equal to the sum of mahr or dower has not been paid; or
- 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
- 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
- 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,
