The Muslim Women (Protection of Rights on Divorce) Act, 1986.pdf - THE MUSLIM WOMEN(PROTECTION OF RIGHTS ON DIVORCE ACT 1986 ARRANGEMENT OF SECTIONS

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

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1 THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 _________ ARRANGEMENT OF SECTIONS ________ S ECTIONS 1. Short title and extent. 2. Definitions. 3. Mahr or other properties of Muslim woman to be given to her at the time of divorce. 4. Order for payment of maintenance. 5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974. 6. Power to make rules. 7. Transitional provisions.
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2 THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 A CT N O . 25 OF 1986 [19 th May , 1986.] An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. B E it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows: 1. Short title and extent . ( 1 ) This Act may be called the Muslim Women (Protection of Rights on Divorce) Act, 1986. ( 2 ) It extends to the whole of India except the State of Jammu and Kashmir. 2. Definitions . In this Act, unless the context otherwise requires, ( a ) divorced woman means a Muslim woman who was married according to Muslim law, and has 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 the delivery 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 of Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides; ( d ) prescribed means prescribed by rules made under this Act. 3. Mahr or other properties of Muslim woman to be given to her at the time of divorce . ( 1 ) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to ( a ) a reasonable and fair provision and maintenance to be made and paid to her within the idda t period by her former husband; ( b ) where she herself maintains the children born to her before or after her divorce, a 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; ( c ) an amount equal to the sum of mahr
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  • Fall '18
  • K Sridhar

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