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OPTION
TO BE GOVERNED BY CODE OF CRIMINAL PROCEDURE
If
a divorced woman and her former husband declare, by affidavit or
any other declaration in writing, either jointly or separately,
that they would prefer to be governed by the
provisions of Sections 125 to 128 of the Code of Criminal Procedure,
and file such affidavit or declaration in the Court hearing the
application, the Magistrate shall dispose of such application accordingly.
COMPARATIVE
CHART - BROAD OUTLINE
Muslim
Women(Protection of Rights on Divorce) Act 1986
Section
125 Code of Criminal Procedure
Jurisdiction
Application
is filed in the area where divorced woman resides
Application
where the husband is, or resides or where he last resided
with his wife
Relief available
Reasonable
and fair provision and maintenance, or the amount of mahr
or dower paid, all properties given at the time of marriage
or after marriage. If unable to maintain herself, after Iddat
period relatives ordered to pay maintenance and if no relatives
exist then Warf board pays.
Allowed
a monthly allowance, not exceeding Rs.500. No provision for
maintenance by children, relatives or Wakf Board after Iddat
period.
Punishment
on failure to pay
Imprisonment
which may extend to one year.
Imprisonment
which may extend to one month.
Applies to
Only
to divorced woman
To
every married or divorced woman.
Alteration /allowance
No
such Provision.
On
change of circumstances Alteration maybe made.
Maintenance
after Iddat
Woman
to be maintained by her children or parents or relatives or
the Warf board.
No
such provision.
A
divorced woman means a Muslim woman who was married according
to Muslim law, and has been divorced by, or obtained divorce from
her husband in accordance with Muslim law. -
Iddat
period means in the case of a divorced woman -
three menstrual courses after the date of divorce, if she is
subject to menstruation; and
three lunar months after her divorce, if she is not subject
to menstruation; and
if
she is pregnant at the time of her divorce, the period between
the divorce and delivery of her child or the termination of
her pregnancy whichever is earlier.
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