Bombay High Court
Jaitunbi
Versus
Mubarak Shaikh
Decided On:

Headnote:Sections 3(1)(a) and 4-Entitlement of divorced Muslim woman to maintenance-Divorced Muslim woman entitled to a fair and reasonable provision for her future being made by her former husband which must include maintenance for future extending beyond the iddat period.-On a true construction of the meaning of the word "provision" appearing in Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife which would obviously include maintenance for her future as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the Iddiat period, As far as the extent of the liability to pay maintenance under Section 3(1)(a) of the Act is concerned, having regard to the scheme of the provisions of Sections 3 and 4 read together, such liability to pay maintenance can be restricted only till the iddat period, A divorced Muslim woman who has not remarried and who is not able to maintain herself after the iddat period, under Section 4 of the Act, such a divorced woman can proceed against her relatives who are liable to maintain her in proportion to the properties which they would inherit from such a divorced woman including her children and parents. In the event of any of the relatives being unable to pay maintenance, the Magistrate can direct the State Wakf Board established under Section 9 of the Wakf Act, 1954 or any other law for the time being in force, to pay such maintenance as may be determined by him.

       For Citation : 1999 (3) Mh LJ 694 (Bom)