Application Under Muslim Women Right India

Where

• A reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid.
• The properties referred to above 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.

Where an application has been made by a divorced woman and the Magistrate is satisfied that-

1. 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
2. the amount equal to the sum of mahr or dower has not been paid; or
3. that the properties have not been delivered to her,

He may 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 fit 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
• Make an order for the payment of such mahr or dower or
• The delivery of such properties as referred to above to the divorced woman