Primary law, Tamil Nadu land law
The Muslim Women (Protection of Rights on Divorce) Act, 1986
The Muslim Women (Protection of Rights on Divorce) Act, 1986, Act No. 25 of 1986, dated 19 May 1986, was enacted by Parliament to protect the rights of Muslim women divorced under Muslim law. It provides for maintenance, mahr or dower, and delivery of properties given to a woman before, during or after marriage, with claims decided by a Magistrate. The Act was amended by Act 34 of 2019 to omit the exclusion of the State of Jammu and Kashmir.
What the Act governs
The Muslim Women (Protection of Rights on Divorce) Act, 1986 applies to a Muslim woman who was married according to Muslim law and has been divorced by, or obtained divorce from, her husband according to Muslim law. It extends to the whole of India.
The Act concerns financial support and property connected with divorce. It does not set out rules for ordinary land purchases, but it can matter where property claimed by a divorced woman was given to her before, at or after marriage.
Rights following divorce
A divorced woman is entitled to:
- Reasonable and fair provision and maintenance, made and paid by her former husband within the iddat period.
- Provision and maintenance for two years from each child's date of birth, where she maintains children born before or after the divorce.
- Mahr or dower agreed under Muslim law at the time of marriage or later.
- All properties given to her before, at or after marriage by her relatives, friends, husband, or the husband's relatives or friends.
The iddat period is defined according to menstruation, lunar months or pregnancy, depending on the woman's circumstances.
Applying to a Magistrate
The Muslim Women (Protection of Rights on Divorce) Act, 1986 allows the woman, or a person duly authorised by her, to apply to a Magistrate if maintenance, mahr or dower has not been paid, or property has not been delivered.
The Magistrate may order payment or delivery after considering the woman's needs, her standard of life during marriage and her former husband's means. Failure without sufficient cause to obey an order may lead to recovery through a warrant and imprisonment for up to one year, or until earlier payment, after the person is heard in defence.
Maintenance after the iddat period
The Muslim Women (Protection of Rights on Divorce) Act, 1986 permits a Magistrate to order maintenance for a divorced woman who has not remarried and cannot maintain herself after the iddat period. Depending on the circumstances, payment may be ordered from her children, parents, other relatives entitled to inherit her property under Muslim law, or the State Wakf Board functioning where she resides.
Alternative procedure and rules
The divorced woman and her former husband may declare in writing at the first hearing that they prefer the applicable maintenance provisions of the Code of Criminal Procedure, 1973. The Central Government may make rules by notification in the Official Gazette concerning declarations, applications, notices and hearings.
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Common questions
Can a divorced Muslim woman claim property given to her at marriage?
Yes. She is entitled to properties given to her before, at or after marriage by her relatives, friends, husband, or the husband's relatives or friends.
What can she do if her former husband does not return the property?
She, or someone duly authorised by her, may apply to a Magistrate for an order directing delivery of the property.
Can maintenance continue after the iddat period?
Yes, if the divorced woman has not remarried and cannot maintain herself. A Magistrate may order eligible relatives, or in specified circumstances the State Wakf Board, to pay maintenance.
Can the former spouses choose the Code of Criminal Procedure maintenance process?
Yes. At the first hearing, the divorced woman and her former husband may file a joint or separate written declaration choosing the applicable provisions of the Code of Criminal Procedure, 1973.
