Which cases can a Muslim woman file in the family court? Muslim Family Court Act in Hindi
🕌 1. Major Muslim Acts in India Muslims in India are subject to personal laws based on the Quran, Hadith, Ijma, and Qiyas. The main acts are: 1. Muslim Personal Law (Shariat) Application Act, 1937 👉 Sharia is followed in matters of marriage, divorce, inheritance, will, maintenance, etc. 2. Dissolution of Muslim Marriages Act, 1939 👉 Provides Muslim women the right to divorce. 3. Muslim Women (Protection of Rights on Divorce) Act, 1986 👉 Provides dower, maintenance, and other rights to a divorced woman. 4. Muslim Marriage Act, 1954 (Special Marriage Act, 1954) 👉 This Act applies if a Muslim man or woman wishes to enter into a court marriage (marriage outside the religion). 5. Prohibition of Child Marriage Act, 2006 👉 Equally applicable to all religions—marriage underage is a crime. --- ⚖️ 2. What cases can a Muslim man file in the Family Court? 1. To declare a marriage valid (Declaration of Valid/Invalid Marriage) 👉 According to Muslim Personal Law and Sharia. 2. To declare a divorce (Talaq Case) 👉 Talaq-e-Ahsan, Talaq-e-Hasan, or Talaq-e-Biddat, etc. 3. To seek custody of children – 👉 Sections 7 to 12 of the Guardians and Wards Act, 1890. 4. Restitution of Conjugal Rights 👉 Claim of 'Ruju' under Muslim Law (This is similar to Section 9 of the Hindu Marriage Act.) #rajubagharwala --- 👩🦰 3. What cases can a Muslim woman file in the Family Court? 1. Application for Maintenance 👉 Section 125 of the CrPC (applicable to all religions) or 👉 Under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. 2. Application for Divorce 👉 Under Section 2 of the Dissolution of Muslim Marriages Act, 1939 (reasons such as husband's disappearance, cruelty, impotency, non-payment of maintenance, etc.) 3. Claim for Return of Mehr or Dowry 👉 Under the Shariat Act, 1937 or as a civil case. 4. Custody of Children 👉 Under Sections 7 to 12 of the Guardians and Wards Act, 1890. 5. Interim Maintenance 👉 Under Section 125 of the CrPC 👉 or 👉 Under Section 3(1)(a) of the 1986 Act. 6. If the husband abandons or fails to perform the marriage. 👉 Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939 (Husband abandons the wife without cause.) --- 📚 4. Compare (as in the Hindu Marriage Act): Subject Hindu Marriage Act Similar Sections/Provisions in Muslim Law Marriage Hindu Marriage Act, 1955 Muslim Personal Law (Shariat) Act, 1937 Restitution of Marriage Section 9 "Ruju" or "Restitution under Muslim Law" Divorce Section 13 Dissolution of Muslim Marriages Act, 1939 Maintenance Sections 24, 25 CrPC 125 or Muslim Women Act, 1986 Temporary Maintenance Section 24 (HMA) 1986 Act Section 3(1)(a) or CrPC 125(1) Custody of Children Section 26 Guardians and Wards Act, 1890 Section 11 declares marriage void (Fasid) or "Batil" Nikah according to Sharia principles. --- 🕌 5. Major cases that can be filed by a Muslim woman (in the Family Court) 1. Maintenance – CrPC 125 or 1986 Act 2. Divorce (Khula / Mubarat / Faskh) – Dissolution of Muslim Marriages Act, 1939 3. Recovery of Mehr (Dower) 4. Child Custody – Guardians and Wards Act, 1890 5. Property Rights – Muslim Personal Law 6. Cruelty/Harassment – also under IPC 498A (if there has been cruelty)
