WUNRN
INDIA - Muslim Women Protection of Rights on Divorce Act (MWA)
Passed in 1986
The MWA upheld the Muslim Personal Law and writ as
excerpted below
http://www.vakilno1.com:80/bareacts/muslimwomenprotact/s3.htm
"Every application by a divorced woman
under section 125… of the Code of Criminal Procedure, 1973, pending before a magistrate
on the commencement of this Act shall, notwithstanding anything contained in
that code… be disposed of by such magistrate an accordance with the provisions
of this Act."
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3. Mahr or other properties of Muslim woman to be given to her at the time of divorce. - (1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to- (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to before or after he divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective date of birth of such children; (c) an amount equal to the sume of mahr or dower agreed to be paid to her at the time or her marriage or at any time thereafter according to Muslim Law; and (d) all the properties given to her before or at the time or marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends. (2) Where a reasonable and fiar provision and maintenance or the amount of mahr or dower due had not been made or apid or the properties referred to in clause (d) of sub-section (1) have not been delivered to a divorced woman on her divorce, she or any one duly authorised 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. (3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate may, if he is satisfied that- (a) her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provisions and maintenance for her and the children; or (b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause (d) of sub-section (1) have not been paid or that the properties referred to in clause (d) of sub-section (1) have not been delivered to her, 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, for the payment of such mahr or dower or the delivery of such properties referred to in clause (d) of sub-section (1) to the divorced woman: Provided that if the Magistrate finds it impracticable to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period. (4) If any person against whom an order has been made under sub-section (3) fails without sufficient cause to comply with the order, the Magistrate may issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal Procedure, 1973, and may sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said sentence being imposed according to the provisions of the said Code. ____________________________________________________________ In the context of the Kerala Reform, it is important to resurrect the controversy that the Shah Bano case of more than two decades ago. It is clear that the Muslim male orthodoxy continues to play a dominant role in the facilitation of legislation relating to the cultural and property rights [or lack thereof] of women in their community. Any expansion of Muslim women's entitlements are received as a direct violation of Muslim Personal Law and the threat of organized violence is justified by community leaders in the name of religion. The All India Muslim Personal Law Board has acquired quite a reputation for advocating an explicitly discriminatory judicial attitude towards its female citizens. |
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