Section 3 of MWPRA : Section 3: Mahr Or Other Properties Of Muslim Woman To Be Given To Her At The Time Of Divorce

Explanation using Example

Imagine a scenario where Ayesha, a Muslim woman, has recently been divorced by her husband, Sajid. As per Muslim customs, she is now in her iddat period, which is a waiting period following the divorce. During this time, according to Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986, she is entitled to certain financial rights.

Sajid, however, has not provided her with any financial support or returned her mahr (dower) that was agreed upon at the time of their marriage. Ayesha also has a child from her marriage with Sajid, who is only one year old, and she is struggling to provide for the child.

Under the Act, Ayesha is entitled to:

• Reasonable and fair provision and maintenance during the iddat period.
• Provision and maintenance for her child for two years from the date of birth.
• The amount of mahr that was not paid to her.
• Return of all properties given to her at the time of marriage or thereafter.

Since Sajid has not fulfilled these obligations, Ayesha can authorize someone or herself apply to a Magistrate for an order to obtain her rightful maintenance, mahr, and properties. If the Magistrate finds Sajid has the means but has neglected his duties, the court can order him to provide for Ayesha and their child. Should Sajid fail to comply with this order, the Magistrate has the authority to enforce the order through a warrant or even imprisonment until the due amount is paid.