Muslim woman has option to be governed by the provisions of Sections 125 to 128 of Criminal Procedure Code 1973. Which section of The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with it?

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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96.

Muslim woman has option to be governed by the provisions of Sections 125 to 128 of Criminal Procedure Code 1973. Which section of The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with it?

A: Section 5

B: Section 6

C: Section 7

D: None of these

The answer is: A

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Explanation

The correct option is A: Section 5.

This section of The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with the option of a divorced Muslim woman to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973. According to this section, if a divorced Muslim woman and her former husband declare, by affidavit or any other declaration in writing in the prescribed form, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973, then the Magistrate shall dispose of such application accordingly. This option is available to the divorced Muslim woman at the time of filing an application under section 3 or section 4 of the Act.