 the muslim women (protection of rights on divorce) bill, 1986 a bjllto ptotect the rights oj muslim women who h(lve been dwotced by, or have obtained divorce from, their husb(lnds and to provide for matters connected therewith or incidental thereto be it enacted by parliament in the thirty-seventh year of the republic of india 39 fol1ows:-~ 1 (1) this act may be called the muslim women (protection of short title rights on divorce) act, 1986 and extent s (2) it extends to the whole of india except the state of jammu and kashmir, 2 in this act, unless the context otherwise requires,-definitions; (a) "divorced woman" means a muslim woman who was married according to muslim law, and has been divorced" by, or has obtained 10 divorce from, her husband in accordance with muslim law; (b) "iddat period" means, in the case of a divorced woman,-(i) three menstrual courses after the date of divorce, if she is subject to menstruation; (ii) three lunar months after her divorce, if she is not 'subject to menstruation; and (iii) if she is enceinte, at the time of her, divorce, the period bt!tween the divorce and the delivery of her child or the termina~ tion of her pregnancy, whichever is earlier; (c) "magistrate" means a magistrate of the first class exercising jurisdiction under the code of criminal procedure, 1973 in the area : of 1874-where the divorced woman resides 3 u) notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to- 10 (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 barn to her before mohr or other propertic5 of muslim woman to be liven to her at the time of divorce or after her divorce, a reasonable and fair provision and mainien~ ance to be made and paid by her former husband for a period of two 15 years from the respective dates of birth of 'such children; (c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage according to muslim law; and - (d) all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or 120 any relatives of the husband or his friends (2) where a reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid 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 anyone duly authorised by her 125 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 ~een made under sub-section (2) by a divorced woman, the magistrate may, h he i'b satisfied that-30 (a) her husband having· sufficient means, has failed or neglected to make or pay her within the iddat period a reasons able and fair provision and maintenance for her and the children; or (b) the amount equal to the 9um of mahr or dower bas not been paid or that the properties referred to in clause (d) of sub-section (1) :15 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 diverced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the 4') standard of life enjoyed by her during her marriage and the means of her fanner husband or, as the case may be for the payment of such m4h, or dower or the deliv~ of such properties referred to in clause (d) of subsection (1) to the divorced woman: pro"ided that if the magistrate ftndo; it impracticable to c1ispose of 45 the application within the said period, he may, for reasons to be recorded , by him dispose "f the application after the said period :2 of 1974 (4) if any person gail'lst whom an orderhas been made under subaection (3) faui without auftlciedt cau8e to comply with the order the maptrate may iuue a warrant for levying the amount ef maintenance or maht or dower due in the manner provided for levying ides under the 5 code oi criminal procedwe, lw1~ and may sentenoe such penon 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 provi-10 sions of the said code 4 (1) notwithstanding anything contained in the foregoing provisions of this act or in any other law for the time being in force; where a ~gis­trate 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 15 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 maintenelnce 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 i\1ain-20 tenance shall be payable by such relatives in the proportions in which they would inherit her property and at such periods as he ~ay specify in his order:'  provided that if any such relative is unable to pay his or hel: share of the maintenance ordered by the magistrate on the ground of his or 25 her not having the means to pay the same, the magistrate may, on proof of such inability being furnirhed 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 think fit to order (2) where a divorced woman is unable to maintain herself 30 and she has no relatives as mentioned in sub-section (1) or such relatives or anyone of them have not enough means to pay the maintenance ordered by 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 proviso 35 to sub-section (1), the magistrate may, by order, direct the state wakf ',29 of 1954 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 40 tlu4!h of the relatives who are unable to pay, at such periods as he may specify in his order s (1) the central government may by notification in the official gazette make rules for carrying out the  purposes of this act power to make rulet (~) every rule made under this act shall be laid as soon as may be 45 after it is made, before each house of parliament, while it is in session, for a total period of thirty day' which may be compried in one session or in two or more successive sessions, and jj, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both 50 pfcm8es agree that the rule should not be made,' the nile shall thereafter have effect· only in such modified fonn or be of do effect, as the case may be; so, however, that any such modification or annulment shan be without prejudice to the validity of anything previously done unaer that rule statement of objects and reasons the supreme court, in mohd ahmed khan vb shah b4m begum "'rd others (air 1985 sc 945), has held that although the muslim law limits the husband's liability to provide for maintenance of the divorced wife to the period of iddat, it does not contemplate or countenance the situation envisaged by section 125 of the code of criminal procedure, 1973 the court held that it would be incorrect and unjust to extend the above principle of muslim law to cues in which the divorced wife is unable to maintain herself the court, therefore, came to the conclusion that if the divorced wife is able to maintain herself, the husband's liability ceases with the expiration of the period of iddat, but if she is unable to maintain herself after the period of iddat, she is entitled to have recourse to section 125 of the code of criminal procedure 2 this decision has led to some controversy as to the obligation of the muslim husband to pay maintenance to the divorced wife opportunity has, therefore, been taken to specify the rights which a muslim divorced woman is entitled to at the time ot divorce and to protect her interests the bill accordingly provides for the following, among other things, namely:-(1(1) a muslim divorced woman shall be entitled to a reasonable and rair provision and maintenance within the period of iddat by her fonner husband and in case she maintains the children born to her before or after her divorce, such reasonable· provision and  maintenance would be extended to a period of two years from the dates of birth of the children she will also be entitled to mm1' or dower and all the properties given to her by her relatives, friends, husband and the husband's relatives if the above benefits are not given to her at the time of divorce, she is entitled to apply to the m'aptrate for an order directing her former husband to provide for such maintenance the payment of mtzh, or dower or the deuvery of the properties; (b) where a muslim divorced woman is unable to maintain herself after the oeriod of iddat, the magistrate is empowered to make an order f~r the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to muslim law in the proportions in which they would inherit her property if any one of such relatives is unable to pay his or her share on the ground of his or her not having the means to pay, the magistrate would direct the other relatives who have sufficient means to pay the shares of these relatives also but where a divorced woman has no relatives or such relatives or anyone of them has not enough means' to pay the maintenance or the other relatives who have been asked to pay the shares of the defaulting relatives also do not have the means to pay the shares of the defaulting relatives, the magiostrate would order the state wakf board to 'pay the maintenance ordered by him or the shares of the relatives who are unable to pay 3 the bill seeks to achieve the above objects ,, new d!uri; the 19th febf'ua'ti, 1986 a k sen  memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the provisions of the bill such pow~ would enable the central government to make rules with 'regard to matters of procedure 'and administrative detail, which is not practicable to provide for in the bill itself the delegation of legislative power is, therefore, of a normal character a bill to protect the rights of muslim women who have been divorced by, or hav" obtained divorce from, their husbands and to pro~de for matters connected therewith or incidental thereto (shri a k sen, minmer of law and justice) 