This article is written by Advocate Vishal Bhambri, Legal Associate at AK Tiwari & Associates, a Law Firm representing clients all over India in matters pertaining to primarily Divorce, Domestic Violence, Dowry, Child Custody, Maintenance, FIR under section 498A, 323, 504, 506, 406, 376, 377, 3/4 DP Act, Bails at Lower Court and High Court, Stay on arrest, Consumer Builder Disputes, Cheque Bounce, Cheating, Forgery, Eviction, Partition Suit, Recovery Suit and many more. The article discusses about the Muslim women (protection of rights on divorce) Act, 1986.

Introduction-

Section 3(1)(a) from Muslim women (protection of rights on divorce) Act, 1986 which expresses that “a sensible and reasonable maintenance and support to be made and paid to her inside the iddah period by her previous spouse”. If the women is living a life alone and she doesn’t have her family or relatives around to look after her needs and requirements also she doesn’t have any means to earn her livelihood or any way through which she could earn or look after herself then she shall be paid money by the state Waqf board. Thus, the major reason and objective of this act was also one of its drawback that this act limited the settlement of subsistence living amount by her spouse un till Iddah period and after that either by herself or her relatives or the state Waqf board but later in K Zunnaiddin v. Ameena Begam, in this case the court adhered that the word within in Section 3(1)(a) did not mean that the husband will have to pay only for the time between the time in iddah but what it really means is that he is liable to pay the wife un till she marries again. So, if wife does not marry for her whole life again so husband will have to pay maintenance to her for the rest of her life.

Marriage and divorce in Muslims

In India, marriage in Muslims is a common agreement. Disintegration of marriage is possible at the occurrence of the man (talaq), wife (khula) or commonly (mubarat). The husband has the capacity to articulate talaq to his better half or a third individual by understanding, called talaq-e-tafweez. The Muslim man does not need referring an explanation behind separation.

Unmistakably there is polygamy allowed in Muslim laws. That one man can have numerous spouses regardless of their age religion or number but females are allowed for one husband only additionally under Islam she isn’t permitted to wed a non-Muslim yet no such conditions for a Muslim man. He is absolutely free.

Women can seek divorce in a court of law. A woman can ask for divorce in many circumstances one of which is:

iIf the husband does not be good to her because he is with other wives as in Quran; or completes some other ground perceived as legitimate for the separation of relationships under Muslim law.

Inheritance

A boy gets twofold the portion of the girl any property they together acquire.
In instance of death: only one-fourth is given to the wife if both have no children on the contrary if there are children then only one-eight of the total property.

Education

If we talk about India and specially about Indian Muslims, we should go through the education system and trends in Jammu and Kashmir. J&K’s social, monetary and political conditions have expanded sex difference in the locale, with men ruling its financial and political procedures. Ladies’ jobs have generally been household, and ladies in country zones don’t approach training. As indicated by census, the male education rate in J&K was 68.74 percent; education among ladies was 58.01 percent. The female secondary school dropout rate is higher than the male rate, and one out of each three adult ladies in J&K cannot peruse or compose (contrasted and one out of five adult males)