The Muslim Women (Protection of Rights on Divorce) Act, 1986

English — official source version

a1986-25.pdf.txt

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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 

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ARRANGEMENT OF SECTIONS 

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SECTIONS 

1. Short title and extent. 

2. Definitions. 

3. Mahr or other properties of Muslim woman to be given to her at the time of divorce. 

4. Order for payment of maintenance. 

5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974. 

6. Power to make rules. 

7. Transitional provisions. 

 

  



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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 

ACT NO. 25 OF 1986 

[19th May, 1986.] 

An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce 

from, their husbands 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 as follows:— 

1. Short title and extent.—(1) This Act may be called the Muslim Women (Protection of Rights on 

Divorce) Act, 1986. 

(2) It extends to the whole of India 
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2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “divorced woman” means a Muslim woman who was married according to Muslim law, and 

has been divorced by, or has obtained 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 between the divorce and the 

delivery of her child or the termination of her pregnancy, whichever is earlier; 

(c) “Magistrate” means a Magistrate of the First class exercising jurisdiction under the Code of 

Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides; 

(d) “prescribed” means prescribed by rules made under this Act. 

3. Mahr or other properties of Muslim woman to be given to her at the time of divorce.—(1) 

Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall 

be entitled to— 

(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 born to her before or after her divorce, a reasonable 

and fair provision and maintenance to be made and paid by her former husband for a period of two 

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 or at any time thereafter 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 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 any one duly authorised by her 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 been made under sub-section (2) by a divorced woman, the Magistrate 

may, if he is satisfied that— 

                                                           

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-    

2019). 

 



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(a) her husband having sufficient means, has failed or neglected to make or pay her within the 

iddat period a reasonable and fair provision and maintenance for her and the children; or 

(b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred 

to in clause (d) of sub-section (1) 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 divorced woman as he may determine as 

it 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 her former husband or, as the case may be, for the payment of such mahr 

or dower or the delivery of such properties referred to in clause (d) of sub-section (1)  the divorced 

woman: 

Provided that if the Magistrate finds it impracticable to dispose of the application within the said 

period, he may, for reasons to be recorded by him, dispose of the application after the said period. 

(4) If any person against whom an order has been made under sub-section (3) fails without sufficient 

cause to comply with the order, the Magistrate may issue a warrant for levying the amount of 

maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal 

Procedure, 1973 (2 of 1974), and may sentence such person, 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 provisions of the said Code. 

4. Order for payment of maintenance.—(1) Notwithstanding anything contained in the foregoing 

provisions of this Act or in any other law for the time being in force, where a Magistrate 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 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 maintenance 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 maintenance shall be payable by such relatives in the 

proportions in which they would inherit he property and at such periods as he may specify in his order:  

Provided that where such divorced woman has children, the Magistrate shall order only such children 

to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, 

the Magistrate shall order the parents of such divorced woman to pay maintenance to her: 

Provided further that if any of the parents is unable to pay his or her share of the maintenance ordered 

by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may, 

on proof of such inability being furnished 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 and she has no relatives as mentioned in 

sub-section (1) or such relatives or any one 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 second 

proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under          

section 9 of the Wakf Act, 1954 (29 of 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 such of the relatives who are unable to pay, at 

such periods as he may specify in his order. 

5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974.—If on the date 

of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former 

husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, 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, 1973 (2 of 1974), and file such affidavit or declaration in the court hearing 

the application, the Magistrate shall dispose of such application accordingly. 



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Explanation.—For the purposes of this section, “date of the first hearing of the application” means the 

date fixed in the summons for the attendance of the respondent to the application. 

6. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2) In particular and without prejudice to the foregoing power, such rules may provide for— 

(a) the form of the affidavit or other declaration in writing to be filed under section 5; 

(b) the procedure to be followed by the Magistrate in disposing of applications under this Act, 

including the serving of notices to the parties to such applications, dates of hearing of such 

applications and other matters; 

(c) any other matter which is required to be or may be prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 

of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 

session or in two or more successive sessions, and if, 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 Houses agree that the rule should not be made, the rule shall thereafter have effect only 

in such modified form or be of no effect, as the case may be; so, however, that any such modification or 

annulment shall be without prejudice to the validity of anything previously done under that rule.  

7. Transitional provisions.—Every application by a divorced woman under section 125 or under 

section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on the 

commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the 

provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of 

this Act.