As a law firm, it is noteworthy to explain the provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 in India that provides for the maintenance of divorced women by their husbands during the iddat period. This provision applies to Non Resident Indians (NRI) who are governed by Muslim law in matters relating to personal laws.
Section 3 of the aforementioned act states that a divorced woman will be entitled to a reasonable and fair amount as maintenance from her husband during her iddat period. The term ‘iddat’ refers to a stipulated time frame which begins from the date when divorce takes place and ends three lunar months later, during which time remarriage is prohibited. This provision protects vulnerable women who are at risk of being abandoned or exploited upon their divorce.
The right to maintenance under this Act has been reaffirmed through numerous case laws such as Shah Bano Begum v Mohammed Ahmed Khan (1985), where it was held that no matter what religion an individual follows, it is his/her fundamental duty to maintain his/her spouse after divorce if they are unable to support themselves financially. In Danial Latifi v Union Of India & Ors (2001), it was further clarified that maintenance must be provided even beyond the duration of iddat period if required for sustenance.
Furthermore, cases like Shamim Ara v State Of UP And Others (2002) have established that proof of actual neglect or refusal on part of wife would not absolve the obligation imposed upon her husband towards providing sufficient resources for living expenses throughout her life cycle including post-divorce proceedings until she remarries or chooses autonomy over remarriage.
This provision also applies specifically and directly relevantly NRIs whose marriage has been solemnized under Islamic law but have been divorced elsewhere such as foreign jurisdictions like Dubai or Saudi Arabia contrary without proper compliance with Indian statutory requirements- under such circumstances Section 13(1) (iii) of the Code of Civil Procedure, 1908 comes into play, i.e. if a marriage has been dissolved by triple talaq and no reconciliation efforts were made, then Indian Courts would deem it as invalid and unenforceable.
In conclusion, it is imperative for NRIs who are governed by Muslim law to be aware that Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 in India provides protection against abandonment or exploitation upon divorce through maintenance during iddat period. This provision has been affirmed through various judicial precedents and must be adhered to. The legal system offers adequate support to victims seeking justice under this act while penalizing individuals flouting its provisions with due cognizance.