AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Muslim Women's Right to Maintenance


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 iddat period 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 the iddat 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



Muslim Women's Right to Maintenance Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered by nubia  |  driven by neosys