The Muslim Women (Protection Of Rights On Divorce) Act,1986; Challenges And Achievements

Ashutosh Ranjan Srivastava
Symbiosis Law School, Hyderabad, India

Volume-1, Issue-2, 2018

The Research Paper deals with the challenges and achievements in the Muslim Women (Protection of Rights on Divorce) Act, 1986 this act has many legal implications in itself because this Act has faced many challenges in his enactments although it is a achievements in terms of maintenance claim by Muslim Women. The paper has taken especial emphasis on Shah Bano Case and Daniel latifi Case because in two cases we have seen bigotry in the democratic mechanism of the country because in former judgment they held that maintenance under criminal procedure would be the precedent over the personal laws but in later case they recognized this act as just and reasonable for the maintenance of the Muslim women under which the women will entitled for maintenance only within Iddat period[1].

The paper has covered the Critical analysis of each and every Section of the Act and its legal implication as well It has its scope in the protection of Muslim Womenand the primary question which revolves in and around the Research work is whether the claim of maintenance be governed by this particular act or the provisions of the Criminal procedure. This paper has included Bigotry in a democracy and arbitrary rule of legislature. This paper contains recommendation for the improvement in the provisions of the act regarding “Divorced Muslim wife is not entitled to get maintenance beyond Iddat Period”[2] and clarify the ambit of the maintenance by this act and the maintenance by the criminal procedure.


[1]  Section 2 (b) ”Iddat Period” means, in the case of a divorced woman,-  (i) three menstrual courses after the date of divorce, if she is subject to menstruation;  (ii) three lunar months after her divorce, if she is not subject to menstruation;  (iii) if she is enceinte at the time of her divorce, the period between divorce and delivery of her child or the termination of her pregnancy whichever is earlier

[2]Section-3{1} of Muslim women (protection of rights on divorce) Act, 1986 (25 of 1986).


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