Muslim Women (Protection of Rights on Divorce) Act 1986
Topic: Directive Principles and Fundamental Duties · NCERT: Class 12, Ch 8 "Recent Developments in Indian Politics"
Meaning
Parliament passed this Act after the Shah Bano case (1985). In that case, the Supreme Court had held that a divorced Muslim woman could claim maintenance (regular money for living costs) from her former husband under Section 125 CrPC. The 1986 Act limited the ex-husband's duty to pay maintenance to the iddat period, about three months after divorce. Many saw this as diluting Shah Bano, and it became a central point in the uniform civil code debate.
Example
In Danial Latifi (2001), the Supreme Court read the Act to require a fair provision for the woman's whole life, made within the iddat period. In Mohd Abdul Samad (July 2024), the Court held that a divorced Muslim woman can still claim maintenance under Section 125 CrPC, which is now Section 144 BNSS.
Don't confuse with
- Muslim Women (Protection of Rights on Marriage) Act 2019: it makes instant triple talaq void and a criminal offence. The 1986 Act deals with maintenance after divorce.
Related concepts
- Uniform civil code
- Hindu Code Bill
- Special Marriage Act 1954
- Goa Civil Code
- Shah Bano case
- Sarla Mudgal case
- Shayara Bano case
- Muslim Women (Protection of Rights on Marriage) Act 2019
- Uttarakhand Uniform Civil Code Act 2024