The question (10 marks)
"F divorces his wife M by a valid talaq in 2023 after twenty years of marriage; they have two children aged four and nine, who stay with M. F pays M her mahr and maintenance for the iddat period and says his obligations are over. M has no income." Advise M on her remedies and on the children's maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the general law.
MU problem pattern on maintenance after divorce; built on the Unit 2 maintenance chapter, the 1986 Act text, BNSS s. 144, and the Danial Latifi and Noor Saba Khatoon readings.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Dissolution, Maintenance, Parentage, Guardianship and Property under Muslim Law of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act).
Authorities you will need
- Muslim Women (Protection of Rights on Divorce) Act 1986, ss. 3, 4, 5
- Danial Latifi v Union of India (2001)
- Noor Saba Khatoon v Mohd. Quasim (1997)
- Mohd. Ahmed Khan v Shah Bano Begum (1985)
- Bharatiya Nagarik Suraksha Sanhita 2023, s. 144 (Explanation: 'wife' includes a divorcee who has not remarried)
How an answer is marked
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