Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the option to be governed by the…
Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 allows a divorced woman and her former husband to declare, by affidavit or written declaration on…
Choose your answer
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the option to be governed by the provision of Section 125 Cr.PC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) may be given by the parties
Answer and explanation
Correct answer C
Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 allows a divorced woman and her former husband to declare, by affidavit or written declaration on the first date of hearing, "either jointly or separately", that they prefer to be governed by sections 125 to 128 of the CrPC.
The option is not limited to a joint declaration or to separate declarations only.
Current law: Mohd Abdul Samad (2024) confirms the divorced woman's independent maintenance remedy under the CrPC alongside the 1986 Act; the corresponding provision for new proceedings is BNSS section 144.
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