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Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
Mohd. Ahmad Khan v. Shah Bano Begum [1985], [1] commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman.
Evidence of Muslim personal code can be found since 1206 on the Indian peninsula with the establishment of Islamic rule in parts of the region. [4] During the reign of Mamluk dynasty (1206–1290 A.D), Khalji dynasty (1290–1321), the Tughlaq dynasty (1321–1413), the Lodi dynasty (1451–1526) and the Sur dynasty (1539–1555), the court of Shariat, assisted by the Mufti, dealt with cases ...
BJP leaders said the new code is a major reform, rooted in India's 1950 constitution, that aims to modernise the country's Muslim personal laws and guarantee complete equality for women.
The act also entitles an aggrieved woman to demand a maintenance for her dependent children. [10] It was subsequently notified as law in the same month. The acts stands to be retrospectively effective from 19 September 2018. [11] However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums. [12]
All India Muslim Personal Law Board (AIMPLB) is a non-governmental organisation in India that represents the interests of Muslims in matters of personal law. It was formed in 1973 with the objective of protecting and promoting the application of Islamic personal law among Muslims in India .
A notable case that involved the application of Anglo-Muhammadan law is the Shah Bano case. The case took place in 1985 and became a significant legal and political controversy in India. The Shah Bano case in 1985 involved a Muslim woman seeking maintenance from her husband under Section 125 of the Code of Criminal Procedure.
The Tribunal will not issue Warrant to execute the order of maintenance, if such petition for execution is filed after a period of 3 months from the date on which the maintenance is due. The application under this Act can be filed before the Tribunal in any district, where the applicant resides or last resided or where children or relative resides.