Comprehension
“… Thus, the correct position of law is that under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred to as Muslim Women Act, 1986, a divorcee can file an application before a Magistrate if her former husband has not paid to her a reasonable and fair provision and maintenance or mahr due to her or has not delivered the properties given to her before or at the time of her marriage by her relatives or friends or the husband or any of his relatives or friends. Under Section 3(3) of the Muslim Women Act, 1986, an order can be passed directing the former husband of the divorcee to pay to her such reasonable and fair provision and maintenance as deemed fit and proper having regard to the needs of the divorced woman, her standard of life enjoyed by her during her marriage and means of her former husband. The word “provision” used in Section 3 of the Muslim Women Act, 1986 indicates that something is provided in advance for meeting some needs. In other words, at the time of divorce, the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs. “Reasonable and fair provision” may include provision for her residence, her food, her clothes, and other articles. In the case of Danial Latifi and another (supra), in Para-28, Hon’ble Supreme Court has fairly interpreted the provisions of Section 3 with regard to fair provision and maintenance and held that “it would extend to the whole life of the divorced wife unless she gets married for a second time”...”
[Extract from Zahid Khatoon v. Nurul Haque Khan, MANU/UP/4310/2022].
[Extract from Zahid Khatoon v. Nurul Haque Khan, MANU/UP/4310/2022].
Question: 1
What recourse does a divorcee have according to the Muslim Women Act, 1986, if her exhusband neglects to meet specific obligations mandated by the law?
What recourse does a divorcee have according to the Muslim Women Act, 1986, if her exhusband neglects to meet specific obligations mandated by the law?
Updated On: Nov 7, 2024
- File the petition in the concern District Court
- Seek mediation from a Sharia Court.
- Approach the Magistrate with an application
- Take the matter to a Family Court.
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The Correct Option is C
Solution and Explanation
Under the Muslim Women Act, 1986, if an ex-husband fails to fulfill his obligations, the divorcee may approach the Magistrate for relief through an application.
The correct option is (C): Approach the Magistrate with an application
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Question: 2
What factors are considered when determining the reasonable and fair provision and maintenance for a Muslim divorced woman in accordance with the Muslim Women Act of 1986?
What factors are considered when determining the reasonable and fair provision and maintenance for a Muslim divorced woman in accordance with the Muslim Women Act of 1986?
Updated On: Nov 7, 2024
- The divorced woman’s financial needs including her future needs and her children, till she gets remarried.
- The lifestyle the divorced woman enjoyed during her marriage, her anticipated future requirements, and the financial capability of her ex-husband.
- The financial status of the divorced woman’s ex-husband and his parents to Determine the fair provision
- The employment status, educational qualifications, and earning potential of the divorced woman, coupled with the husband’s financial capability
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The Correct Option is B
Solution and Explanation
The Muslim Women Act considers the previous lifestyle, future needs, and ex-
husband’s financial situation to determine reasonable and fair maintenance.
The correct option is (B): The lifestyle the divorced woman enjoyed during her marriage, her anticipated future requirements, and the financial capability of her ex-husband.
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Question: 3
What does the term “provision” in Section 3 of the Muslim Women Act, 1986, imply?
What does the term “provision” in Section 3 of the Muslim Women Act, 1986, imply?
Updated On: Nov 7, 2024
- Retroactive financial support to be provided to the divorced wife
- Provision made for her future till she is qualified to earn on her own
- Provision for meeting all her future needs.
- Provision for her future until she is qualified to earn or get married.
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The Correct Option is C
Solution and Explanation
The term “provision” in Section 3 of the Muslim Women Act implies that the
husband is obligated to make financial arrangements that will cover all future needs of the
divorced wife, ensuring her well-being after the divorce.
The correct option is (C): Provision for meeting all her future needs
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Question: 4
According to the interpretation in the case of Danial Latifi, how long does the obligation of the Muslim husband to provide a reasonable and fair provision and maintenance extend?
According to the interpretation in the case of Danial Latifi, how long does the obligation of the Muslim husband to provide a reasonable and fair provision and maintenance extend?
Updated On: Nov 7, 2024
- Until the divorced woman finds new employment or means to sustain herself.
- During the iddat period and after the iddat period only if she is not able to maintain herself or she is not remarried.
- Throughout the whole life of the divorced wife, unless she remarries.
- Until the divorced woman’s parents, children cannot provide support to her
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The Correct Option is C
Solution and Explanation
The Daniel Latifi case interpreted the Muslim Women Act to mean that the ex-
husband’s obligation for fair and reasonable provision extends throughout the divorcee’s life
unless she remarries.
The correct option is (C): Throughout the whole life of the divorced wife, unless she remarries.
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Question: 5
What preparatory arrangements is the Muslim husband required to make, according to the interpretation of Section 3 of the Muslim Act, 1986?
What preparatory arrangements is the Muslim husband required to make, according to the interpretation of Section 3 of the Muslim Act, 1986?
Updated On: Nov 7, 2024
- Financial investments for the divorced woman to protect her future
- Provision for the divorced woman and her children.
- Retroactive provision for the divorced woman’s past present and future needs.
- Contemplation of future needs and arrangements in advance.
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The Correct Option is D
Solution and Explanation
Under Section 3, the Muslim husband is required to make arrangements considering
the future needs of the divorced wife, ensuring she has adequate provisions post-divorce.
The correct option is (D): Contemplation of future needs and arrangements in advance
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