Objective of the Muslim Women (Protection of Right on Divorce) Act, 1986
The preamble of the act spells out the objective of the Act as “the protection of the rights of Muslim Women who have been divorced by, or have obtained a divorce from, their husband .” The act makes provision for matters connected therewith or incidental thereto. It is apparent that the act nowhere stipulates that any of the rights available to Muslim women at the time of the enactment of the act, has been abrogated, taken or abridged.
The Act lays down that-
(a) A divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of idda and his obligation is not confined to the period of idda.
(b) If she fails to get maintenance from her husband, she can claim it from relatives failing which, from the Waqf Board.
(C) An application of a divorced wife under section 3(2) can be disposed of under the provision of Section 125, Cr.P.C if the parties so desire
(d) Applications pending under Section 125, Cr.P.C are required to be disposed of under the Act (Sec.7)
(e) There is no provision in the Act which nullifies orders passed under section 125, Cr.PC . The Act also does not take away any vested rights of Muslim women.
(f) All obligations of maintenance end with her remarriage.
Also Read: ESSENTIAL CONDITIONS OF VALID MARRIAGE
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