Dissolution of marriage act Under section- 2

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds.

1. That the whereabouts of the husband have not been known for a period of four years
2. That the husband has neglected or has failed to provide for her maintenance for a period of two years
3. Imprisonment- for 7 years or more.
4. That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years
5. Impotency of husband.
6. Unsound mind, suffering from mental disorder, Venereal disease.
7. Repudiation of marriage by wife.
8. Cruelty.

MAINTENACE UNDER MUSLIM LAW

ACCORDING TO MUSLIM PERSONAL LAW

MAINTENANCE DURING MARRIAGE :

1. Wife should have attained puberty and she is performing her conjugal duty
2. Wife should allow free access of herself to husband

MAINTENECE IN DIVORCE :

1. During iddat
2. After iddat- no maintenance

MAINTENANCE UNDER SECTION 125 OF CRPC

MOHD AHMAD KHAN V/S SHAH BANO BEGUM 1885

1. Whether section 125 of CrPC will apply on a Muslim woman or not?
   1. SC held that sec 125 is a secular provision and will apply to all women irrespective of religion
   2. If Muslim women are excluded then their right of equality under article 14 and right of life and personal liberty under article 21 will be infringed
   3. Section 125 is a social welfare legislation and its objective to protect women from poverty, hunger, destitution and vagrancy
2. What wife? is the period for which a Muslim husband would be bound to maintain his divorced
   1. SC held that the term “divorced wife” will include a divorced Muslim wife.
   2. Therefore, a Muslim husband bound to maintain his wife as per provision if sec 125 of CrPC
   3. Thus, he would be bound to maintain his divorced wife till the time she remarries.
3. Whether by payment of dower a Muslim husband is absolved from his liability to pay maintenance
   1. SC held that by payment of dower Muslim husband won’t be absolved from his liability to pay maintenance
   2. The objective and purpose of dower is completely different from that of maintenance

MUSLIM WOMEN PROTECTION OF RIGHT ON DIVORCE ACT 1986

1. UNDER SECTION – 3 (1) (a)- Muslim husband is bound to maintain wife till period of iddat
2. SECTION 4 (1)- After iddat period, if she is unable to maintain herself and not remarried then HEIRS will maintain
3. SECTION-4(2)- If heirs can’t able to maintain – STATE WAQF BOARD

DANIAL LATIFI V/S UNION OF INDIA 2001 SC

Constitutional validity of the act of 1986 was challenged

1. SC interpreted section 3 (1) (a) and held that the phrase with in the period of iddat is not to be interpreted as the liability to maintain divorced wife till the period of iddat.
2. It means that the husband has to make arrangements within iddat period which will enable wife to get maintenance till the time she remarries.
3. If the husband fails to make arrangements for iddat then the wife can file application under section 125 of CrPC.