top of page
Question Bank
Question
What is the primary objective of the Muslim Women (Protection of Rights on Divorce) Act, 1986, and how does it relate to Section 125 of the CrPC?
Solution
The primary objective of the Muslim Women (Protection of Rights on Divorce) Act, 1986, is to protect the rights of Muslim women who have been divorced. It specifically codifies the entitlements due to them at the time of divorce. A key aspect of this Act is its relationship with Section 125 of the Code of Criminal Procedure (CrPC). While Section 125 CrPC is a general law providing a quick remedy for maintenance to prevent vagrancy and destitution for all women (including divorced women), the 1986 Act creates a specific statutory framework for Muslim divorced women. The Act outlines a distinct scheme for securing maintenance and provision, which operates alongside but provides an alternative avenue to the relief available under the broader Section 125 CrPC.
Question
Explain the significance of the terms "provision" and "maintenance" as used in Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Solution
Under Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced woman is entitled to both a "reasonable and fair provision" and "maintenance" from her former husband, to be arranged and paid within the iddat period. The use of these two distinct terms is highly significant. "Maintenance" here typically refers to the support required for the iddat period—the immediate period following divorce as defined by Muslim law. Crucially, "provision" has a broader and forward-looking meaning. It implies a preparatory arrangement made by the husband to meet the future needs of his divorced wife, extending beyond the iddat period and potentially for her lifetime unless she remarries. This interpretation ensures the act serves its purpose of preventing future destitution.
Question
What is the "iddat period," and what are a divorced Muslim woman's entitlements during this time according to the law?
Solution
The iddat period is a legally mandated waiting period following a divorce, as defined under Muslim personal law and specifically outlined in the Muslim Women (Protection of Rights on Divorce) Act, 1986. Its duration varies: it is three menstrual cycles for women who menstruate, three lunar months for those who do not, and lasts until childbirth for those who are pregnant at the time of divorce. During this iddat period, the divorced woman has several key entitlements from her former husband. She is entitled to maintenance for her livelihood during these months. More importantly, as per Section 3(1)(a), the husband must also make and pay a reasonable and fair provision for her future. Furthermore, she is entitled to receive her mahr or dower (a sum promised at marriage) and all properties given to her before or during the marriage.
Question
If a divorced Muslim woman is unable to support herself after the iddat period, what legal recourse does she have under Section 4 of the 1986 Act?
Solution
Under Section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, if a divorced woman has not remarried and is unable to maintain herself after the expiration of the iddat period, the law provides a specific recourse. A Magistrate can order her relatives to pay her maintenance. These relatives are those who would be entitled to inherit her property upon her death according to Muslim law (such as children or parents), and they contribute in proportion to their potential share of inheritance. If these relatives lack the means to pay, the Magistrate can direct other financially capable relatives to cover the share. As a final social safety net, if the woman has no such relatives or if all identified relatives cannot pay, the Magistrate can order the State Wakf Board to pay the determined maintenance, thereby preventing vagrancy.
Question
How do the maintenance laws for divorced women engage with the fundamental rights guaranteed under Articles 14, 15, and 21 of the Indian Constitution?
Solution
Laws governing maintenance for divorced women are critically examined against the fundamental rights enshrined in the Constitution. Article 14 guarantees equality before the law and equal protection of the laws. Any law that creates a separate maintenance scheme for women based solely on their religion must not result in unreasonably discriminatory or less beneficial treatment compared to the general law (Section 125 CrPC). Article 15 expressly prohibits discrimination on grounds of religion, among others. Therefore, the specific rationale and benefits of a religion-based law must be carefully evaluated to ensure it does not amount to hostile discrimination. Most fundamentally, Article 21, which protects the right to life and personal liberty, has been interpreted to include the right to live with dignity. A maintenance law, in essence, upholds this right by ensuring a divorced woman is not left in a state of destitution, thereby safeguarding her dignity and basic survival.
bottom of page