Section 2. Definitions
In this Act, unless the context otherwise requires,
(a) "divorced woman" means a Muslim woman who was married according to Muslim law, and has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law;
(b) "iddat period" means, in the case of a divorced woman,
(i) three menstrual courses after the date of divorce, if she is subject to menstruation;
(ii) three lunar months after her divorce, if she is not subject to menstruation; and
(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier;
(c) "Magistrate" means a Magistrate of the First class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides;
(d) "prescribed" means prescribed by rules made under this Act.
Judgements applying section 2
Petitioner challenged an order by a self-styled Idara-E-Shariya Islami Court declaring her divorced via Triple Talaq. The High Court held that such private religious bodies lack statutory authority to adjudicate legal rights and declared the order without legal effect, while leaving the larger constitutional question…
DisposedOpenPost-divorce maintenance for Muslim wife; validity of talaq under Sunni Shariat (witnesses, Talaqnama); Section 125 CrPC and Section 3, Muslim Women (Protection of Rights on Divorce) Act 1986; Mohd. Abdul Samad v. State of Telangana (2025) 2 SCC 49; Danial Latifi;
Partly allowedOpenIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED
DismissedOpenMaintenance — Section 125 CrPC applies to all married and divorced women including Muslim women; interplay with Muslim Women (Protection of Rights on Divorce) Act 1986 (ss. 2(a), 3, 4, 5, 7) and Muslim Women (Protection of Rights on Marriage) Act 2019 (ss. 3, 5); non-obstante clause;
DismissedOpenCOURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A . BADHARUDEEN TUESDAY, THE 2ND DAY OF JULY 2024 / 11TH ASHADHA, 1946 CRL.MC NO. 8481 OF 2022 IN MC NO.46 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM PETITIONER
AllowedOpenJaved Khan S/O. Abdul Hameed Khan and Others Vs Firdous D/O. Aziz Ahmed @ Firdous W/O. Sayed Azharuddin
Outcome: DismissedIN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 230 OF 2023 Javed Khan s/o Abdul Hameed Khan & others Petitioners Versus Firdous d/o Aziz Ahmed Respondent Mr. A . S. Barlota, Advocate for the petitio
DismissedOpen
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Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C482 No.1365 of 2023 Hon’ble Sharad Kumar Sharma, J. Mr. Pavan Kumar Nath and Ms. Garima Thapa, learned counsel
DisposedOpenCase :- WRIT - C No. - 7044 of 2023 Petitioner :- Shaista And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- C.S.C. Hon'ble Ram Manohar Narayan Mishra,J. Notice issued to
DismissedOpenCOURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY. THE EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN 1. Mohammed Abdul Muqeet Aman, S/o. Mohd Abdul N,4uqtadar Khalid 2. [,4ohd Abdul Muqtad
AllowedOpenCase :- CRIMINAL MISC. WRIT PETITION No. - 12339 of 2021 Petitioner :- Hafeej Ahmad And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Upadhyay Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Trip
DisposedOpen