Section 4   [ View Judgements ]

Order for payment of maintenance


4. Order for payment of maintenance. - (1)   Notwithstanding   anything contained in the foregoing provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a divorced woman has not re-married and is not able to maintain herself  after the iddat period, he may make an order directing such of her  relatives as would be entitled to inherit her property on her death according to Muslim law to pay  such reasonable and fair maintenance to her as he may determine 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 such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit her property and at such periods as he may specify in his order:

Provided that where such divorced  woman has children, the   Magistrate shall order only such children to pay maintenance to her, and in the event  of any such children being unable to pay such  maintenance, the Magistrate shall order the parents of such divorced woman to pay maintenance to her:

Provided further that if  any of the parents is unable to pay his or her share of the maintenance ordered by the Magistrate on the ground of his or her not having  the means to pay the same, the Magistrate, on  proof  of such inability being  furnished to him, order that the share of such relatives in the maintenance ordered by him be  paid  by such  of the other relatives as may appear to the Magistrate to have the means of paying the same in such proportions as the Magistrate may thin fit to order.

(2)   Where a divorced woman is unable to maintain herself and she has no relatives as mentioned in sub-section (1) or such relatives or any one of them have not enough means to pay the maintenance ordered the Magistrate or the other relatives have not the means  to pay the shares of those relatives whose shares have been ordered by the Magistrate to be paid by such other relatives under the second proviso to sub-section(1), the  Magistrate may,  by order direct the State of Wakf Board established under Section 9 of the Wakf Act, 1954, or under any other law for the  time being  in force in a State functioning in the area in which the woman resides, to pay  such maintenance  as determined by him under sub-section (1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order.

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