In Secretary, Tamil Nadu Wakf Board v. Syed Fatima Nachi (1996), how did the Supreme Court say a…
The Supreme Court in Secretary, Tamil Nadu Wakf Board v. Syed Fatima Nachi held that the Board could be named in the initial section 4 application before the Magistrate. The…
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In Secretary, Tamil Nadu Wakf Board v. Syed Fatima Nachi (1996), how did the Supreme Court say a divorced Muslim woman could proceed under section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
Answer and explanation
Correct answer C
The Supreme Court in Secretary, Tamil Nadu Wakf Board v. Syed Fatima Nachi held that the Board could be named in the initial section 4 application before the Magistrate. The Board could show that qualifying relatives had the means to pay, and the Magistrate could add them to the same proceeding.
Option feedback
Option A
Section 4 gives the decision to the Magistrate. Naming the Board does not make it the adjudicator.
Option B
The Court rejected a rule requiring successive proceedings against relatives before naming the Board.
Option C
The Court allowed her to direct the initial claim against the Board, subject to inquiry into qualifying relatives and their means.
Option D
The Board could be named at the outset, with eligible relatives added in that proceeding if required.
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