Whether provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 are applicable to Muslim woman not married according to muslim law?

A reading of the Act will indicate that it codifies and regulates the obligations due to a Muslim woman divorcee by putting them outside the scope of Section 125 CrPC as the 'divorced woman' has been defined as "Muslim woman who was married according to Muslim law and has been divorced by or has obtained divorce from her husband in accordance with the Muslim law". But the Act does not apply to a Muslim woman whose marriage is solemnized either under the Indian Special Marriage Act, 1954 or a Muslim woman whose marriage was dissolved either under Indian Divorce Act, 1969 or the Indian Special Marriage Act, 1954. The Act does not apply to the deserted and separated Muslim wives. {Para 27}

IN THE SUPREME COURT OF INDIA

Writ Petition (civil) 868 of 1986

Decided On: 28.09.2001

 Danial Latifi vs.  Union of India (UOI)

Hon'ble Judges/Coram:

G.B. Pattanaik, S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju and Shivaraj V. Patil, JJ.

Author: S. Rajendra Babu, J.

Citation: AIR 2001 SC 3958.

Read full Judgment here: Click here

Print Page

Civil Manual Bombay high Rules U/S 62 of the Indian Divorce Act, 1869, relating to the Procedure of District Courts, and of the High Court in Cases for Confirmation of the District Court's Decree.

CHAPTER XVII

RULES AND INSTRUCTIONS UNDER SPECIAL ACTS

Short Title and Commencement

323. (1) These Rules may be called the Divorce (District Court) Rules, 1929.

(2) They shall come into force on the 30th day of June 1929.

Petition

(3) All petitions under sections 10, 18, 23, 27, 32 or 34 of the Indian Divorce Act, 1869 (hereinafter called “the Act”) shall be accompanied by a certified copy of the certificate of the marriage, if such a certificate is available to the petitioner.

Print Page