Criteria for fair provision and maintenance under muslim woman protection act
ASIT
(Querist) 23 January 2013
This query is : Resolved
As per my knowledge criteria for Fair provision and maintenance under Muslim woman protection act are (i) needs of the divorced woman, (ii) standard of living enjoyed by her during the period of marriage and (iii) means of her former husband.
Q1) Is their any more valid reasons for extending the above criteria?
Q2)Can you please provide any judgements in this regard?
R.K Nanda
(Expert) 24 January 2013
1.read said act.
2.search indiankanoon.com for citations.
ASIT
(Querist) 24 January 2013
Thank you Mr. Devajyoti Barman and R.K Nanda.
R.K Nanda
(Expert) 24 January 2013
u r welcome.
ASIT
(Querist) 24 January 2013
I would like to seek other experts opinion as well.
Adv.R.P.Chugh
(Expert) 26 January 2013
I broadly agree with the factors that you've stated. The comparative means of the parties is indeed the determinative factor.
ASIT
(Querist) 26 January 2013
Thank you Adv. Bharat Chugh.
V R SHROFF
(Expert) 26 January 2013
Other dependent & Liabilities of husband + Reasons for separate residence, or divorce: who was guilty??
ASIT
(Querist) 26 January 2013
Thank you Mr. V R SHROFF for your input.
Raj Kumar Makkad
(Expert) 27 January 2013
(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 children born to her before or after her 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 dates of birth of such children;
(c) an amount equal to the sum of mehr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to the Muslim Law and
(d) all property given to her before or at the time of marriage or after her marriage by her relatives or friends or by husband or any relatives of the husband or his friends. In addition, the Act also provides that where a divorced Muslim woman is unable to maintain herself after the period of iddat the magistrate shall order directing such of her relatives as would be entitled to inherit her property on her death according to the Muslim Law, and 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, standard of life enjoyed by her during her marriage and means of such relatives, and such maintenance shall be payable by such relatives in proportion to the size of their inheritance of her property and at such periods as he may specify in his order.
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 parents of such divorced woman to pay maintenance to her. In the absence of such relatives or where such relatives are not in a position to maintain her, the magistrate may direct State Wakf Board established under Section 13 of the Wakf Act, 1995 functioning in the area in which the woman resides, to pay such maintenance as determined by him.
