Section 3:
Mahr or other properties of Muslim woman to be given to her at the time of divorce.
(1)
Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall
be entitled to
(a) a reasonable and fair provision and maintenance to be made and paid to her within the idda
tperiod by her former husband;
(b) where she herself maintains the children born to her before or after her divorce, a reasonable
and fair provision and maintenance to be made and paid by her former husband for a period of two
years from the respective dates of birth of such children;
(c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her
marriage or at any time thereafter according to Muslim law; and
(d) all the properties given to her before or at the time of marriage or after her marriage by her
relatives or friends or the husband or any relatives of the husband or his friends.
(2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due has
not been made or paid or the properties referred to in clause (d) of sub-section (1) have not been delivered
to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an
application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or
the delivery of properties, as the case may be.
(3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate
may, if he is satisfied that--
(a) her husband having sufficient means, has failed or neglected to make or pay her within the
iddat period a reasonable and fair provision and maintenance for her and the children; or
(b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred
to in clause (d) of sub-section (1) have not been delivered to her, make an order, within one month of the date of the filing of the application, directing her former husband
to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as
it and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during
her marriage and the means of her former husband or, as the case may be, for the payment of such mahr
or dower or the delivery of such properties referred to in clause (d) of sub-section (1) the divorced
woman:
Provided that if the Magistrate finds it impracticable to dispose of the application within the said
period, he may, for reasons to be recorded by him, dispose of the application after the said period.
(4) If any person against whom an order has been made under sub-section (3) fails without sufficient
cause to comply with the order, the Magistrate may issue a warrant for levying the amount of
maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal
Procedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any amount
remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one
year or until payment if sooner made, subject to such person being heard in defence and the said sentence
being imposed according to the provisions of the said Code.