THE MUSLIM WOMEN (PROTECTION OF
RIGHTS ON DIVORCE) RULES, 1986
1. Short title and commencement
2. Definitions
4. Evidence
5. Power to postpone or adjourn proceedings
6. Costs
8. Declaration under section 5
THE MUSLIM WOMEN
(PROTECTION OF
RIGHTS ON DIVORCE)
RULES, 1986.1
1. Published in the Gazette of India Part II, Sec. 3(i) Ext.-Ord. dated
19-5-1986, vide Notification No. G.S.P-
776 (E), dated 19-5-86.
In exercise of the powers conferred by Section 6 of the Muslim Women
(Protection of Rights on Divorce) Act, 1986 (25 of 1986), the Central
Government hereby makes the following rules for carrying out the purposes of
the said Act, namely:
1. Short
title and commencement. -
(l) These rules may be called the Muslim Women
(Protection of Rights on Divorce) Rules, 1986.
(2) They shall come into force at once.
2. Definitions. -In these rules, unless the context otherwise
requires, -
(a) Act
means the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of
1986);
(b) Code
means the Code of Criminal Procedure, 1973 (2 of 1974); and
(c) Form
means form annexed to these rules.
(l) Every summons issued by a Magistrate
on an application made under the Act, shall be in writing, in duplicate, signed
by the Magistrate or by such other officer as he may, from time to time,
direct, and shall bear the seal of the Court.
(2) Every such summons shall
be accompanied by a true copy of the
application
(3) Every
such summons issued under sub-rule (1) shall specify the date of the first
hearing of the application which shall not be later than seven days from the
date on which the summons is issued.
(4) Every
summons shall be served by a police officer or by an officer of the Court
issuing it.
(5) The
summons shall, if practicable, be served personally on the respondent, by
delivering or tendering to him one of the duplicates of the summons.
(6) Every
respondent on whom the summons is so served shall, if so required by the
serving officer, sign a receipt therefor on the back of other duplicate.
(7) Where
the respondent cannot, by the exercise of due diligence, be found, the summons
may be served by leaving one of the duplicates for him with some adult male
member of his family residing with him, and the person with whom the summons is
so left shall, if so required by the serving officer, sign a receipt therefor
on the back of the other duplicate.
(8) If the
service cannot, by the exercise of due diligence, be effected as provided in 1[sub-rule (5)) of sub-rule (7), the serving
officer shall affix one of the duplicates of the summons to some conspicuous
part of the house or homestead in which the respondent ordinarily resides; and
thereupon the Court, after making such inquiries as it thinks fit, may either
declare that the summons has been duly served 1[or]
2 order fresh summons in such manner as it considers proper.
(9) When
a Court desires that a summons issued by it shall be served at any place
outside its local jurisdiction, it shall ordinarily send such summons in
duplicate to a Magistrate within whose local jurisdiction, the respondent
resides, or is, to be there served.
(10) When a
summons issued by a Court is served outside its local jurisdiction and in any
case when an officer who served the summons is not present at the hearing of
the case, an affidavit purporting to be made before a Magistrate that such
summons has been served and a duplicate of summons purporting to be enforsed
[in the manner provided by sub-rule (6) or sub-rule (7)] by the person to whom
it was delivered or tendered or with whom it was left shall be admissible in
evidence and the statements made therein shall be deemed to be correct unless
and until the contrary is proved.
(11) The
affidavit mentioned in sub-rule (10) may be attached to the duplicates of the
summons and returned to the Court.
1. Vide
Corrigenda No. GSR 834(E), dated 4-6-86.
4. Evidence. -All evidence in the proceedings under the Act shall
be taken in the presence of the respondent against whom an order for the
payment of provision and maintenance, Mahr or [dower] or the delivery of
property is proposed to be made or, when his personal attendance is dispensed
with, in presence of his pleader, and shall be recorded in the manner specified
for summary trial under the Code:
Provided that if the Magistrate is satisfied that the respondent is
wilfully avoiding service or wilfully neglecting to attend the Court, [the1 Magistrate may proceed to hear and
determine the case ex parte and any order so made may be set aside for good
cause shown on application made within seven days from the date thereof subject
to such terms as to payment of cost to the opposite party as the Magistrate may
think just and proper.
1. Vide
Corrigenda No. GSR 834(E), dated 4-6-86.
5. Power to postpone or adjourn proceedings. -In every application under the Act, the
proceedings shall be held as expeditiously as possible and in particular, when
the examination of witnesses has once begun, the same shall be continued from
day to day until all the witnesses in attendance have been examined unless the
Court finds adjournment of the same beyond the following day to be necessary
for reasons to be recorded.
6. Costs. -The Court in dealing with the applications under the Act shall have power to
make such order as to cost as may be just.
7. Affidavit under Section 5. -An affidavit filed under Section 5 of the Act shall be in Form A.
8. Declaration
under Section 5. -A declaration in [writing] 1
filed under Section 5 shall be in Form B.
1. Vide Corrigenda No. GSR 834(E), dated
4-6-86.
Form A
FORM OF AFFIDAVIT
(See rule 7)
I/We
son/wife of
. aged
.. years, resident of
......
. and
. son/wife of
..
Aged
. years, resident of
.hereby state on oath as follows: -
1. That
I/we have informed myself/ourselves of the provisions of section 5 of the
Muslim Women (Protection of Rights on Divorce) Act, 1986 and of the provisions
of Sections 125 to 128 of the Code of Criminal Procedure, 1973.
2. That
I/we
.desire to be governed by the provisions of Section 125 to 128 of the
Code of Criminal Procedure, 1973 in preference to the provisions of the Muslim
Women (Protection of Rights on Divorce) Act, 1986.
3. That the contents of the
above affidavit are true.
Deponent/Deponents.
Signed and verified
at
this the
.. day of 19
..
Deponent/Deponents.
FORM OF DECLARATION
(See rule 8)
I/we
son/wife
of
..aged
.years, resident of .............
and
. son/wife
of
aged
.years, resident of
hereby
declare as follows :-
1. That
I/we have informed myself/ourselves of the provisions of Section 5 of the Muslim Women (Protection of Rights on
Divorce) Act, 1986 and the provisions of Sections 125 to 128 of the Code of
Criminal Procedure, 1973.
2. That I/we
desire to
be governed by the provisions of Sections 125 to 128 of the Code of Criminal
Procedure, 1973 in preference to the provisions of the
Muslim Women (Protection of Rights on Divorce) Act, 1986.
3. That the contents of the above
declaration are true.
Deponent/Deponents.
Signed and verified
at
. this the
. day of
.. 19
..
Deponent/Deponents.