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Muslim Maintenance and Iddat Questions and Answers

1.

Iddat period, in case of a divorced woman, if she is subject to menstruation, means:-

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: A

For a divorced woman who menstruates, iddat is three menstrual courses after the date of divorce.

Under Muslim law a woman whose marriage has been dissolved by divorce must observe iddat before remarrying, so that paternity of any child is not in doubt. If she is subject to menstruation, the period is three courses; if she is not, it is three lunar months; and if she is pregnant, it lasts until delivery.

Six months and nine months are not periods recognised for iddat of divorce, and nine menstrual courses has no basis. (Iddat on the husband's death is a different period, four months and ten days.)

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2.

Which of the following judgements was nullified in effect by Muslim Women (Protection of Rights on Divorce) Act 1986 ?

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The Act nullified in effect Shah Bano's case.

In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman unable to maintain herself could claim maintenance from her former husband under Section 125 of the Code of Criminal Procedure beyond the iddat period. Parliament responded with the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was designed to limit the husband's obligation and so undo the effect of the judgment.

Danial Latifi v. Union of India (2001) later upheld the 1986 Act while reading it to require a fair provision for the wife's future, so it interpreted the Act rather than being nullified by it. Sarla Mudgal (1995) concerned conversion to Islam to contract a second marriage.

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