The Muslim Women (Protection of Rights on Divorce) Act, 1986, is a legislative measure enacted by the Indian Parliament to safeguard the rights of Muslim women who have undergone divorce or obtained a divorce from their husbands.
This law applies to Muslim women who were married under Muslim law, and it outlines their entitlements following divorce. It addresses issues related to maintenance, the payment of Mahr or Dower, and the distribution of properties given to the woman before or during marriage. The Act empowers Magistrates to adjudicate matters of maintenance, mahr, and property distribution, ensuring that divorced Muslim women receive fair and reasonable provisions.
Additionally, the Muslim Women Protection of Rights on Divorce Act offers an option for divorced women and their former husbands to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973, if they jointly or separately declare their preference in writing.
The Act also grants the Central Government the authority to create rules for its effective implementation, covering various procedural aspects. It includes transitional provisions for pending applications under the Code of Criminal Procedure, ensuring a smooth transition to the new legal framework.
Overall, the Muslim Women Protection of Rights on Divorce Act aims to provide legal protection and support to Muslim women who have been divorced, addressing their financial rights and ensuring a fair and just resolution of related matters.
In this article, we deal with notable cases related to various sections of the Muslim Women Protection of Rights on Divorce Act, 1986, providing insights into legal judgments and interpretations of the provisions of the Act. These cases cover key aspects of the Act, including maintenance, entitlements, constitutional challenges, and its impact on other legal provisions. Below is a summary of the cases and the sections of the Act they pertain to.
Section 3
These are some notable cases related to section 3 of the Muslim Women (Protection of Rights on Divorce) Act of 1986.
All India Muslim Advocates Forum vs Osman Khan, 1990 (1) ALT 360
The maintenance provision covers only the “Iddat” period. The husband is no longer obligated to pay maintenance after Iddat.
Ali vs Sufaira, 1988 (2) KLT 94
A divorced woman is not entitled to maintenance but is entitled to a fair and reasonable financial supply from her ex-husband during the Iddat period.
Anowaruddin Ahmed vs State, 1989 CrLJ NOC 20 (Cal)
The husband’s application under section 127 of the CrPC to change any information in his wife’s application is unmaintainable.
Abdul Mannan vs Saira Khatoon and Others, 2000 (4) Crimes 438 Pat. (DB)
A divorced woman is no longer eligible to make a support claim under section 125 of the CrPC as of the effective date of this Act (Muslim Women Protection of Rights on Divorce Act, 1986).
Danial Latifi vs UOI, II (2001) DMC (SC) 714
Articles 14, 15, and 21 of the Indian Constitution are not violated by the provisions of the Muslim Women Protection of Rights on Divorce Act, 1986.
Nizar vs Hyrunneessa, I (2000) DMC (Ker) 229
The Magistrate’s order will not be invalidated or unsupportable just because the Magistrate neglected to note the causes for the delay in deciding the application.
Sirazuddin Ahmed Saheb Bagwan vs Smt. Khatija Sirajuddin and Others, II (1996) DMC (BOM) 449
If a court has previously issued a judgement or order providing wife maintenance, section 3 of the Muslim Women Protection of Rights on Divorce Act does not apply.
Section 4
Here are some important cases related to section 4 of the Muslim Women (Protection of Rights on Divorce) Act.
Sakina vs Salim Khan, I (1998) DMC (HP) 684
After the divorce, the wife is only entitled to maintenance for the duration of Iddat and not any longer. Her claim for maintenance under section 125 of CrPC is also deemed unmaintainable in light of the Muslim Women Protection of Rights on Divorce Act’s provisions.
Syed Fazal Pookoya Thangal vs UOI, II (1993) DMC (Ker) 285
The contention that section 4(2) of the Muslim Women Protection of Rights on Divorce Act, 1986, contravenes Article 25 and Article 26 of the Indian Constitution is unsubstantiated. This is because section 4(2) does not amount to an abuse of legislative authority, as alleged. Furthermore, it has been established that only the resources of the Wakf Board, and not those of the Wakfs, are utilized for the maintenance payments mandated by section 4(2).
Section 5
Here are a couple of landmark cases related to section 5 of the Muslim Women Protection of Rights on Divorce Act.
Bishnu Charan Mohanty vs UOI through Secretary, II (1993) DMC (ORI.) 451
Hindus lack a personal law governing the support paid to their divorced wives. When this portion was read, there was no bias in favour of a Muslim husband, and the classification is valid. Therefore, the argument that section 5 of the Muslim Women Protection of Rights on Divorce Act violates Article 15(1) of the Indian Constitution cannot be upheld.
Rashida Khanum vs SK Salim 1996 AIHC (Ori)
The husband’s responsibility is capped at the Iddat period once the Muslim Women Protection of Rights on Divorce Act has taken effect. Section 125 of the CrPC would only be applicable if both parties chose to be governed by it at the initial hearing under section 3(2) and in no other circumstance.
Section 7
Here are three important cases related to section 7 of the Muslim Women Protection of Rights on Divorce Act.
Sakinabai vs Fakruddin, II (1999) DMC (MP) 576
When the Muslim Women Protection of Rights on Divorce Act of 1986 went into effect, any pending applications under section 125 CrPC had to be resolved by the Magistrate in accordance with this Act’s (Muslim Women Protection of Rights on Divorce Act) rules.
Anowaruddin Ahmed vs State, 1989 CrLJ NOC 20 (Cal)
In accordance with section 7 of the Muslim Women Protection of Rights on Divorce Act, a divorced woman, not her husband, may apply. The husband cannot maintain his request for a modification under section 127 CrPC.
Usman Khan Bahamani vs Fathimunnisa Begum, 1990 CrLJ 1364 (AP)
After the 1986 Muslim Women (Protection of Rights on Divorce) Act went into effect, the provisions of sections 125 and 127 of the Criminal Procedure Code no longer apply.
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