Muslim Women (Protection of Rights on Divorce) Act 1986
Indian federal law / From Wikipedia, the free encyclopedia
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The Muslim Women (Protection of Rights on Divorce) Act was an act passed by the Parliament of India in 1986 to protect the rights of Muslim women who have been divorced from their husband and to provide for matters connected therewith or incidental thereto. The Act was passed by the Rajiv Gandhi government, with its absolute majority, to nullify the decision in the Shah Bano case,[1][2][3] and diluted the secular judgement of the Supreme Court.
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (January 2014) |
Muslim Women (Protection of Rights on Divorce) Act 1986 | |
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Parliament of India | |
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Citation | Act No. 25 of 1986 |
Enacted by | Parliament of India |
Status: In force |
It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973. As per the Act, a divorced Muslim woman is entitled to reasonable and fair provision and maintenance from her former husband, and this should be paid within the period of iddat.
According to the Statement of Objects and Reasons of this Act, when a Muslim divorced woman is unable to support herself after the iddat period that she must observe after the death of her spouse or after a divorce, during which she may not marry another man, the magistrate is empowered to make an order for the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to Muslim Law. But when a divorced woman has no such relatives, and does not have the means to pay the maintenance, the magistrate would order the State Waqf Board to pay the maintenance. The liability of husband to pay the maintenance was thus restricted to the period of the iddah only.[4][5]