Section 3   [ View Judgements ]

Mahr or other properties of Muslim women to be given to her at the time of divorce


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.

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