Seeking maintenance by a Muslim woman, including a divorced Muslim woman, is primarily governed by the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. According to the Act, such applications are to be filed before a Magistrate of the First Class exercising jurisdiction under the Criminal Procedure Code, 1973, in the area where the divorced woman resides (!) (!) (!) . The Act explicitly confers exclusive jurisdiction on the Magistrate, and it does not mention or include the Family Court as a forum for such applications (!) (!) (!) .

Furthermore, the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, were enacted to provide a specialized and expedient procedure for maintenance claims and explicitly specify the Magistrate as the competent authority (!) (!) . The jurisdiction of the Family Court, established under the Family Courts Act, 1984, is different and is generally applicable to family disputes, including matters related to marriage, divorce, and maintenance, but only within the scope and jurisdiction conferred by that Act (!) (!) .

Importantly, the Act does not conferring jurisdiction on the Family Court to entertain applications under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The jurisdiction is specifically vested in the Magistrate of the First Class, and the Act’s scheme indicates that applications under this Act are to be made to the Magistrate, not the Family Court (!) (!) (!) (!) .

Additionally, the jurisdiction of the Family Court to entertain such applications is further limited by the provisions of the Family Courts Act, which explicitly restricts the Court's jurisdiction to matters enumerated therein, and does not include proceedings under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (!) (!) (!) .

In summary, seeking maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986, is admissible before a Magistrate of the First Class, and the Family Court does not have jurisdiction to entertain such applications unless specifically conferred by other statutes or circumstances. The proper forum for such claims is the Magistrate’s Court designated under the Act (!) (!) (!) (!) (!) .