As a law firm, we would like to provide an informative and detailed opinion on Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which mandates that a divorced Muslim woman is entitled to maintenance for her children from her former husband until they attain puberty. This provision applies across all states in India.
The said clause seeks to protect the rights of divorced Muslim women by ensuring their financial security as well as that of their children. It is based on the principle that it is the duty of a husband/father to provide maintenance for his wife and children.
In this regard, we would like to bring attention towards several relevant provisions of law and case laws:
– The Supreme Court in Danial Latifi v. Union Of India [(2001) 7 SCC 740], upheld the constitutional validity of Section 3(1)(b) while rejecting the argument that it violated Article 14 (right to equality) and Article 15 (prohibition of discrimination). The court held that this provision serves as a protective measure aimed at securing social justice and gender equality.
– In Shabana Bano v Imran Khan [(2010)11SCC 226], while interpreting ‘reasonable & fair’ amount provided under section125 CrPC; court explained ambiguity with respect to amount decided by court looking into various circumstances including education status etcetera.
– Under Section 4(b), when no child attains puberty or if there are no children born out of such marriage then also upon proper application regarding livelihood being made by aggrieved party can receive reasonable & fair amount from husband during Iddat period
It must be noted here that Non Resident Indians (NRI’s) who have obtained divorce from their husbands living abroad may face difficulty in obtaining maintenance for themselves and/or their children due to jurisdictional issues. However, Muslin Women Protection Act provides extraterritorial effect. Hence, an Indian woman can approach the court in India for getting maintenance from their NRI husband.
In conclusion, Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 is a significant provision that seeks to protect the rights and interests of divorced Muslim women and their children. It provides them with financial security and ensures that they are not left without any means of support after divorce. The said section has been upheld by several courts including Supreme Court; therefore it carries significant weight as per law.