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Domestic Violence Act helps Divorced Muslim women

Written by: Staff

Jodhpur, Nov 22: Rejecting the arguments under Muslim Protection Act and Divorce Rights Act 1986, a city court here provided relief to a divorced Muslim woman under the provisions of the Domestic Violence Act.

The court directed complainant Rabia's husband Ishaq Mohammad to continue to provide her and their children with food, clothes, shelter, medicines and school facilities till the case was finally wrapped up.

Additional Civil Magistrate and Judicial Magistrate Harivallabh Khatri yesterday rejected the arguments made by Ishak under the pretext of Muslim law, Muslim Protection Act and Divorce Right Act, 1986. Ishak had argued before the court that under the Muslim law, after divorce, a wife has no rights left to ask for compensation and alimony.

In a ten-page order, the court, while elaborating and analysing all provisions of Muslim Law, said, under Section 4 of the Act, it has been specified that if the bench is satisfied that the divorced woman has not remarried and is unable to look after herself and her children after a specified timeframe, she is eligible for alimony from her husband.

The court said excluding the conjugal rights, a divorced Muslim woman is eligible to all rights, to which she was entitled before she was divorced. The court said Muslim women have become eligible for alimony under the Act passed by Parliament. Under Section 12 of Domestic Violence Act, the court provided relief to applicant Rabia, who had filed her plea on Nov 9.

She charged that on October 1, her husband left home on the pretext of buying medicines and never returned. Meanwhile, their landlord turned her out of the house along with the children for non-payment of rent.

She told the court that she was now literally on the roads with her children as her maternal house could not afford to support her.

Moreover, she was being threatened by her husband and his relatives. The court ordered the police to provide her protection and served a notice to Ishak Mohammad. Angry over the notice, Ishak sent Rabia a divorce notice.


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