Muslim Women (Protection of Rights on Divorce) Act 1986

Polity & Governance glossary

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.

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