Section 4 of MWPRA : Section 4: Order For Payment Of Maintenance

Explanation using Example

Imagine a scenario where Ayesha, a Muslim woman, has been divorced by her husband. After the iddat period, she finds herself unable to secure employment and lacks any means of support. Ayesha has no children and her parents have passed away, but she has three brothers who are financially well-off.

Ayesha approaches the local Magistrate for help. The Magistrate reviews her case and determines that her brothers, being her closest relatives who would inherit her property upon her death under Muslim law, should provide her with maintenance. Considering Ayesha's previous standard of living and her current needs, the Magistrate orders her brothers to pay her a monthly sum that he deems fair and reasonable.

The Magistrate specifies that the maintenance should be paid in proportions according to the share they would inherit from Ayesha's property, and sets a schedule for these payments. This ensures that Ayesha receives continuous support from her brothers to maintain a standard of living similar to what she had during her marriage.