THE PUNJAB BAIT-UL-MAL ACT 1991

THE PUNJAB BAIT-UL-MAL ACT, 1991

Act VII of 1991

C O N T E N T S

SECTION HEADING

1. Short title, extent and commencement.

2. Bait-ul-Mal Council.

3. Functions of the Council.

4. Punjab Bait-ul-Mal.

5. Utilisation of the Bait-ul-Mal.

6. Business of the Council.

7. Appointment of Committees.

8. Staff of the Council.

9. Delegation of powers.

10. Accounts and Audit.

11. Laying of Annual Report before the Assembly.

12. Power to make rules.

13. Dissolution of the Council.

14. Repeal.


[1]THE PUNJAB BAIT-UL-MAL ACT, 1991

(Act VII of 1991)

[30 March 1991]

An Act to provide for the establishment of a

charitable fund to be known as the Punjab Bait-ul-Mal.

Preamble.– Whereas it is expedient to provide for the establishment of a charitable fund to be known as the Punjab Bait-ul-Mal;

It is hereby enacted as follows:-

1. Short title, extent and commencement.– (1) This Act may be called the Punjab Bait-ul-Mal Act 1991.

(2) It extends to the whole of the Punjab.

(3) It shall come into force at once.

[2][2. Bait-ul-Mal Council.– (1) The Government may by notification establish a Council to be called the Punjab Bait-ul-Mal Council and may, at any time, reconstitute it.

(2) The Council shall be a body corporate with power to acquire and hold property and shall sue and be sued by the said name.

(3) The Council shall consist of an Ameen who shall be the head of the Council, and not more than fourteen official and non-official members [3][including at least four women].

(4) The Government shall nominate the Ameen and after consultation with the Ameen the Government shall nominate the other members of the Council.

(5) The non-official members shall be honorary and in majority and shall be persons who are renowned social workers or who are eminent in the field of education or health or who are committed to the cause of public welfare.

(6) Subject to the provisions of sub-sections (1) and (7), the Ameen and non-official members shall hold office for a term of three years and shall be eligible for re-nomination for another term of three years, but no person shall hold office of Ameen or member for more than two terms.

(7) A non-official member, including the Ameen may be removed by the Government on the ground of misconduct.

(8) The Government may increase or decrease the number of members of the Council.]

3. Functions of the Council.– The Council shall administer the Punjab Bait-ul-Mal and shall perform such other functions in relation to the Bait-ul-Mal as the Government may assign to it.

4. Punjab Bait-ul-Mal.– The Government may establish a fund to be known as the Punjab Bait-ul-Mal to which shall be credited–

(a) grants from the Government, the Federal Government, Local Bodies and International Islamic Agencies; and

(b) voluntary donations including Sadqaat, Khairat and Atiat.

5. Utilisation of the Bait-ul-Mal.– (1) The Bait-ul-Mal shall be administered by the Council in the manner prescribed and shall be utilised for the following purposes, namely–

(i) relief and rehabilitation of the poor and the needy particularly poor widows and orphans;

(ii) educational assistance to the poor and deserving students;

(iii) medical assistance to the poor;

(iv) charitable purposes;

(v) any other purpose of public utility particularly where the beneficiaries would be the disadvantaged sections of the society; and

(vi) any other purpose approved by the Council.

(2) Subject to the general supervision and control of the Council, the distribution of Bait-ul-Mal Fund shall be carried out by the District Bait-ul-Mal Committees to be constituted by the Council for this purpose in such manner as the Council may determine.

6. Business of the Council.– The meetings and the business of the Council shall be conducted in such manner and in accordance with such procedure as may be prescribed and until such procedure is prescribed in such manner as the Ameen may direct.

7. Appointment of Committees.– (1) The Council may appoint such Committees consisting of such of its members and for the performance of such functions of the Council as it may deem fit [4][:]

[5][Provided that the Government may reconstitute a Committee at any time.]

(2) The Council may, if it considers it necessary, co-opt any person to a Committee.

[6][(3) Members of the District Bait-ul-Mal Committees shall be persons who are renowned social workers or who are eminent in the field of education or health or who are committed to the cause of public welfare.]

8. Staff of the Council.– The Council may appoint for the performance of its functions such employees as it may consider necessary, on such terms and conditions, as may be prescribed.

9. Delegation of powers.– The Council may delegate all or any of its powers under this Act to any of its members either unconditionally or subject to such conditions as it may specify.

10. Accounts and Audit.– (1) The accounts of the Bait-ul-Mal shall be audited by an Auditor who is a Chartered Accountant within the meaning of the Chartered Accounts Ordinance 1961 and is appointed by the Council for the purpose.

(2) The Council shall produce all books of accounts and documents and furnish such explanation and information as the Auditor may require for the purposes of audit.

11. Laying of Annual Report before the Assembly.– (1) The Council shall, not later than 15th day of March in each year, prepare report as to the work done by it during the preceding year ending on the 31st day of December and submit the report to the Governor.

(2) The Governor shall cause a copy of the report to be laid before the Provincial Assembly.

12. Power to make rules.– The Council may make rules for carrying out the purposes of this Act.

13. Dissolution of the Council.– The Government may, by notification in the official Gazette, dissolve the Council and make such incidental and consequential orders as may be necessary for the purpose.

14. Repeal.– The Punjab Bait-ul-Mal Ordinance 1991 (III of 1991), is hereby repealed.


footnotes:

[1]This Act was passed by the Punjab Assembly on 18th March, 1991; assented to by the Governor of the Punjab on 26th March, 1991; and, was published in the Punjab Gazette (Extraordinary), dated 30th March, 1991, pages 853-855.

[2]Substituted by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).

[3]Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014).

[4]Full stop replaced by colon by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).

[5]Added ibid.

[6]Added by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).


 

THE MUSLIM FAMILY LAWS ORDINANCE 1961

THE MUSLIM FAMILY LAWS ORDINANCE 1961

(VIII of 1961)

C O N T E N T S

SECTION HEADING

1. Short title, extent, application and commencement.

2. Definitions.

3. Ordinance to override other laws, etc.

4. Succession.

5. Registration of marriages.

6. Polygamy.

7. Talaq.

8. Dissolution of marriage otherwise than by talaq.

9. Maintenance.

10. Dower.

11. Power to make rules.

12. [Omitted]

13. [Omitted]


[1]THE MUSLIM FAMILY LAWS ORDINANCE 1961

(VIII of 1961)

[2nd March 1961]

An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws

WHEREAS it is expedient to give effect to certain recommendations of the Commission on Marriage and Family Laws;

NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

1. Short title, extent, application and commencement.– (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.

(2) It extends to the whole of [2][the Punjab], and applies to all Muslim citizens of Pakistan, wherever they may be.

[3][(3) It shall come into force at once.]

[4][2. Definitions.- In this Ordinance:

(a) “Arbitration Council” means a body consisting of the Chairman and representative of each of the parties to a matter under the Ordinance; and, in case any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;

(b) “Chairman” means the Chairman of a Union Council, Union Administration or Municipal Committee or any officer authorized by the Government to discharge the functions of the Chairman under the Ordinance and where the Chairman is a non-Muslim or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of the Chairman, the Arbitration Council shall select one of its Muslim members as Chairman;

(c) “Government” means Government of the Punjab;

(d) “prescribed” means prescribed by rules made under this Ordinance; and

(e) “Union Council” means a Union Council, Municipal Committee, Cantonment Board, a Union Administration or, in case of absence of any of these local governments in a local area, any other comparable body constituted under any law relating to the local governments or local authorities.]

3. Ordinance to override other laws, etc.– (1) The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall take place only in accordance with those provisions.

(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940[5], the Code of Civil Procedure, 1908[6], and any other law regulating the procedure of courts shall not apply to any Arbitration Council.

4. Succession.– In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

5. Registration of marriages.– (1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

[7][(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars.]

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance, be reported to him by the person who has solemnized such marriage.

(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(5) The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriages shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to be charged therefor, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

6. Polygamy.– (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

[8][(2A) The Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the nikahnama form with specific answers of the bride or the bridegroom.]

(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.

[9][(4) If a person contravenes the provision of:

(i) subsection (2A), he shall be punished to simple imprisonment for a term which may extend to one month and fine of twenty five thousand rupees; and

(ii) subsection (3), he shall be punished to simple imprisonment for a term which may extend to three months and fine of one hundred thousand rupees.]

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

[10][(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.]

7. Talaq.– (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in sub-section [11][(3)] or the pregnancy, whichever be later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

8. Dissolution of marriage otherwise than by talaq.– Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

9. Maintenance.– (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may, in addition to seeking any other legal remedy available, apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

[12][(1A) If a father fails to maintain his child, the mother or grandmother of the child may, in addition to seeking any other legal remedy, apply to the Chairman who shall constitute an Arbitration Council and the Arbitration Council may issue a certificate specifying the amount which shall be paid by the father as maintenance of the child.]

(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, [13][to the Collector] concerned and his decision shall be final and shall not be called in question in any Court.

(3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be recoverable as arrears of land revenue [14][:]

[15][Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application for revision of the certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in his Division.]

10. Dower.– Where no details about the mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.

11. Power to make rules.- (1) The [16][[17][Federal Government] in respect of the Cantonment areas and the Provincial Government in respect of other areas] may make rules to carry into effect the purposes of this Ordinance.

(2) In making rules under this section, [18][such Government] may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

(3) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Ordinance.

[19][12. * * * * *]

[20][13. * * * * *]


footnote:

[1]In pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President of Pakistan was pleased to make and promulgate this Ordinance which was published in the Gazette of Pakistan, 1961 (Extraordinary), dated 15 July 1961, p. 1128.

This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence, it was adapted, with amendments, for the province of the Punjab by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[2]Substituted for the word “Pakistan” by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[3]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(3) It shall come into force on such date as the [Federal Government] may, by notification in the official Gazette, appoint in this behalf.”

The words in crotchets were earlier substituted for “Central Government” by the Federal Adaptation Order 1975, Art. 2 and Table (w.e.f. 28th July 1975).

[4]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“2. Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context:

(a) ‘Arbitration Council’ means a body consisting of the Chairman and representative of each of the parties to a matter deal with in this Ordinance:

Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;

(b) ‘Chairman’ means the Chairman of the Union Council or a person appointed by the Central or a Provincial Government, or by an officer authorized in that behalf by any such Government, to discharge the functions of Chairman under this Ordinance:

Provided that where the Chairman of the Union Council is non-Muslim or he himself wishes to make an application to ‘the Arbitration Council, or is owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall select one of its Muslim members as Chairman for the purposes of this Ordinance;

(c) ‘Prescribed’ means prescribed by rules made under section 11;

(d) ‘Union Council’ means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O (No, 18 of 1959), and having in the matter jurisdiction as prescribed;

(e) ‘Ward,’ mean a ward within a Union or Town as defined in the aforesaid Order.”

[5]X of 1940

[6]V of 1908

[7]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more than one Nikah Registrar be licensed for any one Ward.”

[8]New sub-section (2A) inserted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[9]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(4) In deciding the application, the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision [to the Collector] concerned and his decision shall be final and shall not be called in question in any Court.”

The words in crotchets were earlier substituted for “, in the case of West Pakistan to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer” by the Federal Adaptation Order 1975, Art. 2 and Sch (w.e.f. 28th July 1975).

[10]Substituted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) for the following:

“(b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.”

[11]Substituted for “(2)”, by the Muslim Family Laws (Second Amendment) Ordinance 1961 (XXX of 1961).

[12]New sub-section (1A) inserted by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015).

[13]Substituted for “, in the case of West Pakistan to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer” by the Federal Adaptation Order 1975, Art. 2 and Sch (w.e.f. 28th July 1975).

[14]Substituted for the full-stop by the Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975).

[15]Proviso added by the Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975).

[16]Substituted for “Provincial Government”, by the Central Adaptation of Laws Order, 1964, Art 2 & Sch.

[17]Substituted for “Central Government”, by the Federal Adaptation Order 1975, Art 2 and Table (w.e.f. 28th July 1975).

[18]Substituted for “ the Provincial Government”, by the Central Adaptation of Laws Order, 1964, Art 2 & Sch.

[19] The following section 12 omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s.3 and Sch II.

“12. Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929).– In the Child Marriage Restraint Act. 1929 (XIX of 1929)-

(1) In section 2; —

(a) in clause (a) for the word ‘fourteen’ the word sixteen’ shall be substituted ;

(b) in clause (c), the word ‘and’ shall be omitted, and

(c) in clause (d), for the full-stop at the end, a comma shall be substituted and thereafter the following new clause (e) shall be added, namely :-

(e) ‘Union Council’ means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O. No. 18 of 1959), within whose jurisdiction a child marriage is or is about to be solemnized.’

(2) Section 3 shall be omitted.

(3) In section 4, for words ‘twenty-one’ the word ‘eighteen’ shall be substituted.

(4) In section 9, after the words ‘under this Act’, the words ‘except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken’ shall be inserted ; and

(5) Section 11 shall be omitted.”

[20] The following section 13 omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s.3 and Sch II.

“13. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939) .– In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2:

(a) After clause (ii), the following new clause (ii-a) shall be inserted, namely

“(ii-a) that the husband has taken any additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;” and

(b) In clause (vii), for the word ‘fifteen’ the word ‘sixteen’ shall be substituted.”


THE MUSLIM FAMILY LAWS (PUNJAB AMENDMENT) ACT, 1975

(Pb Act XI of 1975)

C O N T E N T S

SECTIONS

1. Short title, extent and commencement.

2. Amendment of section 9 of Ordinance No. VIII of 1961.

[1]THE MUSLIM FAMILY LAWS (PUNJAB AMENDMENT) ACT, 1975

(Pb Act XI of 1975)

[11 March 1975]

An Act further to amend the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab

Preamble.— WHEREAS it is expedient further to amend the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab, in the manner hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, extent and commencement.— (1) This Act may be called the Muslim Family Laws (Punjab Amendment) Act, 1975.

(2) It shall extend to the whole of the Punjab.

(3) It shall come into force at once.

2. Amendment of section 9 of Ordinance No. VIII of 1961.— In the Muslim Family Laws Ordinance, 1961, in its application to the Province of the Punjab, in section 9, in sub-section (2), the full-stop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely:-

“Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application, for revision of the certificate from a Collector to any other Collector, or Commissioner in his Division”.

[1]This Act was passed by the Punjab Assembly on 14th February 1975; assented to by the Governor of the Punjab on 11th March, 1975 and, published in the Punjab Gazette (Extraordinary), dated 11th March, 1975, pages 167-C to 167-D.


 

THE MUSIC IN MUSLIM SHRINES ACT 1942

THE MUSIC IN MUSLIM SHRINES ACT, 1942 [Pakistan]

(Punjab Act VII of 1942)

C O N T E N T S

SECTIONS

1. Short title and extent.

2. Definitions.

3. Punishment for singing or dancing in Muslim Shrines.

4. Punishment for abetment.

5. Procedure.


[1]THE MUSIC IN MUSLIM SHRINES ACT, 1942

(Punjab Act VII of 1942)

[1 May 1942]

An Act to restrict singing and dancing in Muslim Shrines

It is hereby enacted as follows:-

1. Short title and extent.— (1) This Act may be called the Music in Muslim Shrines Act, 1942.

(2) It extends to the whole of the Punjab.

2. Definitions.— For the purposes of this Act the expression “Muslim Shrine” shall mean a shrine of a recognised Muslim saint and shall include the premises of the shrine and the premises owned by and attached to the shrine.

3. Punishment for singing or dancing in Muslim Shrines.— If any woman or girl sings to the accompaniment of a musical instrument or dances with or without a musical instrument in a Muslim Shrine, she shall be guilty of an offence under this Act and shall be liable on conviction to be punished with fine not exceeding five hundred rupees or with imprisonment of either description for a term not exceeding six months or with both such fine and imprisonment.

4. Punishment for abetment.— If any person abets an offence punishable under the last preceding section, he shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the [2][Pakistan] Penal Code[3], be liable on conviction to be punished with the punishment provided for the offence.

6. Procedure.— An offence punishable under this Act shall be cognizable, bailable, non-compoundable and triable by a magistrate of the first class.


[1]For statement of objects and reasons, see Punjab Government Gazette, 1941, Part V, page 37; for Report of the Select Committee, see ibid., 1941, pages 56-57 and ibid., 1942, pages 13-16; for Proceedings in Assembly, see Punjab Legislative Assembly Debates, Volume IX page 852, Volume XIV, pages 782-89 and Volume XVIII, pages 251-52 and 674-87.

This Act received the assent of the Governor-General on 25th April, 1942, and was published in the Punjab Gazette (Extraordinary), dated: 1st May, 1942.

[2]Substituted, for the word “Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule I, Part II.

[3]XLV of 1860.


 

Uyghur Human Rights Policy Act of 2019

Passed by Congress: 03/11/2019

AN ACT

To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China.

1.Short title

This Act may be cited as the Uyghur Human Rights Policy Act of 2019.

2.Statement of purpose

The purpose of this Act is to direct United States resources to address gross violations of universally recognized human rights, including the mass internment of over 1,000,000 Uyghurs and other predominately Muslim ethnic minorities in China and the intimidation and threats faced by United States citizens and legal permanent residents.

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Muslim OBCs in West Bengal: State List

Muslim OBC Status declared by the State of West Bengal

List updated November 2019

Complete List see here

SI. Caste Particulars of connected orders
16 Jolah (Ansari Momin) Notification No.705-TW/EC dt. 13.12.94
31 Fakir, Sain Notification No. 183-TW/EC dt. 8 March 1996
44 Hawari Notification No. 93-TW/EC dt. 1 February 1997
49 Dhunia
50 Patidar
51 Kasai
52 Pajra
54 Nashya-Sekh Notification No. 84-BCW/RC dt. 01.03.1999
63 Shershabadia Notification No. 5001-BCW Dt.7-10-02
65 Hajjam Notification No.3230 – BCW dt. 04-12-08 read with No. 264/BCW dt. 28-01-09
66 Chowduli Notification No. 485/BCW dt. 20 February 2009
68 Beldar Muslim Notification No. 771-BCW/MR-436/1999 dt. 05-03-2010
69 Khotta Muslim
70 Sardar
71 Nikari Notification No. 1403-BCW/MR-436/99(I) dt. 26 April 2010
72 Mahalda
73 Dhukr
74 Basni / Bosni
75 Abdal
76 Kan
77 Tutia Notification No. 1639-BCW/MR-436/1999 dt. 14 May 2010
78 Gaven
79 Bhatia Muslim
80 Midde Notification No. 1929-BCW/MR-436/99(I) dt. 2 June 2010
81 Mallick
83 Laskar
84 Baidya Muslim
86 Chutor Mistri
87 Dafadar
88 Mal Muslim
89 Majhi / Patni Muslim
90 Muchi / Chamar Muslim
91 Nehariya Notification No. 2317-BCW/MR-436/99 dated 1 July 2010
92 Muslim Haldar
93 Siuli (Muslim)
94 Muslim Mandal
95 Muslim Sanpui/Sapui
96 Muslim Biswas
97 Muslim Mali
98 Ghosi
99 Darji / Ostagar / Idrishi Notification No. 5045-BCW/MR-436/99(I) dated 31 August 2010
100 Rajmistri
101 Bhatiyara
102 Molla
103 Dhali (Muslim)
104 Tal-Pakha Benia
105 Muslim Piyada
106 Muslim Barujibi / Barui
107 Bepari / Byapari Muslim Notification No. 6305-BCW / MR-436/99(I) dated 24 September 2010
108 Penchi
109 Bhangi (Muslim) Notification No. 1673-BCW / MR-209/11 dated 11 May 2012
110 Dhatri/Dai/Dhaity (Muslim)
111 Gharami (Muslim)
112 Ghorkhan
113 Halsana (Muslim)
114 Kayal (Muslim)
115 Naiya (Muslim)
116 Shikari/Sikari (Muslim)
117 Adaldar (Muslim)
118 Adaldar (Muslim)
119 Akunji/Akan/Akhan (Muslim)
120 Bag (Muslim)
121 Chaprashi (Muslim)
122 Churihar
123 Daptari (Muslim)
124 Dewan (Muslim)
125 Dhabak (Muslim)
126 Gazi (Muslim)
127 Khan (Muslim)
128 Kolu Muslim (Shah, Sahaji, Sadhukhan, Mondal)
129 Majhi
130 Malita/Malitha/Malitya (Muslim)
131 Sekh (Muslim)
132 Paik (Muslim)
133 Pailan (Muslim)
134 Purkait (Muslim)
135 Sana (Muslim)
136 Sareng (Muslim)
137 Sardar (Muslim)
138 Sarkar (Muslim)
139 Shah (Fakir)/Shah/Sha/Sahaji)
140 Tarafdar (Muslim)
141 Gavara
142 Mouli (Muslim)
143 Sepai (Muslim)
144 Sekh/Seikh Notification No. 845-BCW/sekhMR-147/12 dated 10 October 2012
145 Bayen (Muslim) Order No. 2770-BCW/MR-116/12 dated 29 August 2014 read with Corrigendum published in Kolkata Gazette dated 9 December 2014
146 Bhuiya/Bhunya (Muslim)
147 Borah / Bara / Bora (Muslim)
148 Gorey (Muslim)
149 Hati (Muslim)
150 Jatuya (Muslim)
151 Khondekar/Khonkar (Muslim)
152 Pahar (Muslim)
153 Raptan (Muslim)
154 Baradi (Muslim)
155 Dalal (Muslim)
156 Hoseni Goyala (Muslim)
157 Khalashi (Muslim)
158 Kichni (Muslim)
159 Mukti/Mufti (Muslim)

The Satanic Verses in Qur’an

Islam

Sura an-Najm (Star) 53:19-22
Now tell me about Al-Lat, Al-Uzza, and Manat,
The third one, another goddess.
What! For you the males and for him the females!
That indeed is an unfair division.

أَفَرَأَيْتُمُ اللَّاتَ وَالْعُزَّى
وَمَنَاةَ الثَّالِثَةَ الْأُخْرَى
أَلَكُمُ الذَّكَرُ وَلَهُ الْأُنثَى
تِلْكَ إِذًا قِسْمَةٌ ضِيزَى. سورة النجم – سورة ‏٥٣: ١٩-٢٢‏

In Sura Hajj (Pilgrimage) 22:52-53, Muhammad confessed his mistake, alleging that all prophets were tempted by Satan who inspire them with demonic verses, as if they were actually revealed by God.

(22:49) Say (O Muhammad): “O people! I have been sent to you only as a plain warner (before the Doom strikes you).” (22:50) So those who believe and act righteously shall be granted forgiveness and an honourable sustenance,(22:51) whereas those who strive against Our Signs, seeking to profane them, they are the friends of the Fire!

(22:52) And We did not send before you any messenger or prophet except that when he spoke [or recited], Satan threw into it [some misunderstanding]. But Allah abolishes that which Satan throws in; then Allah makes precise His verses. And Allah is Knowing and Wise. وَمَآ أَرْسَلْنَا مِن قَبْلِكَ مِن رَّسُولٍ وَلَا نَبِىٍّ إِلَّآ إِذَا تَمَنَّىٰٓ أَلْقَى ٱلشَّيْطَٰنُ فِىٓ أُمْنِيَّتِهِۦ فَيَنسَخُ ٱللَّهُ مَا يُلْقِى ٱلشَّيْطَٰنُ ثُمَّ يُحْكِمُ ٱللَّهُ ءَايَٰتِهِۦ ۗ وَٱللَّهُ عَلِيمٌ حَكِيمٌ 

(22:53) (He does this) in order that He may make the evil caused by Satan a trial for those in whose hearts there is sickness (of hypocrisy), whose hearts are hard (and vitiated). Surely these wrong-doers have gone too far in their dissension. لِّيَجْعَلَ مَا يُلْقِى ٱلشَّيْطَٰنُ فِتْنَةً لِّلَّذِينَ فِى قُلُوبِهِم مَّرَضٌ وَٱلْقَاسِيَةِ قُلُوبُهُمْ ۗ وَإِنَّ ٱلظَّٰلِمِينَ لَفِى شِقَاقٍۭ بَعِيدٍ 

(22:54) (He also does this) in order that those endowed with knowledge may know that it is the Truth from your Lord and that they may have faith in it and their hearts may humble themselves before Him. Verily Allah always directs those that believe to the Right Way

 Satan was capable to mislead Muhammad’s revelation and create some verses in praise of the idols al-Lat, al-Uzza and Manat, [see Sura 53:19-20], calling them “al-Gharaniq al-ula”, “the high birds”. He later abosished this .


The decline of the Muslim civilization

The reformation that transformed the intellectual landscape of Europe is dated from 1517. In 1515 the Ottoman Sultan Selim I, persuaded by the influential clerics of the realm, issued a decree that imposed the death penalty on anyone using a printing press, invented in Germany in 1455, to print books in Turkish or Arabic.  Christian Europe aptly used the print media and its power to educate their nations, whereas the Islamic empire covered its face with multiple Fatwas.

The ban remained in force for the next 270 years, till 1784, except for an attempt to circumvent the ban in 1729. It was only in 1838 that, the Ottoman bureaucracy came to the conclusion that: “Religious knowledge serves salvation in the world to come, science serves perfection of man in this world.” Islamic Reformation is not even on the agenda of any of the Islamic movements till now.

Power balance tilted to the white Christian world from the Ottoman Empire.

Ahmadiyya Jamaat

The Ahmadiyya Jamaat (Community) was established in 1889 by Hadrat Mirza Ghulam Ahmad  (1835-1908)[The Promised Messiah and Mahdi] in a small and remote village Qadian, in the Punjab, India. He claimed to be the expected Reformer of the Latter Days, the awaited one of the world community of religions. The Movement he started is an embodiment of the benevolent message of Islam-peace, universal brotherhood, and submission to the Will of God in its pristine purity. After the demise of Hadrat Ahmad, the Community elected its head, as the Khalifatul Masih, i.e. Successor of the Messiah. Now Hadrat Mirza Tahir Ahmad is the Supreme Head of the Ahmadiyya Muslim Jamaat as Khalifatui Masih IV.

In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance

KEYWORDS:-Muslim Husband – Second Marriage- Maintenance –

AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980

(SUPREME COURT OF INDIA)

Begum Subanu alias Saira Banu and another Appellant
Versus
A.M. Abdul Gafoor Respondent

(Before : A. P. Sen And S. Natarajan, JJ.)

Criminal Appeal No. 605 of 1986 (Arising out of S. L. P. (Cri.) No. 3847 of 1985) , Decided on : 03-04-1987.

Criminal Procedure Code, 1973—Section 125—Maintenance—Entitlement of muslim wife—Second marriage by husband—The first wife is entitled to claim maintenance.

The purpose of the Explanation is not to affect the rights of a muslim husband to take more than one wife or to denigrate in any manner the legal and social status of a second wife to which she is entitled to as a legally married wife, as compared to a mistress but to place on an equal footing the matrimonial injury suffered by the first wife on account of the husband marrying again or taking a mistress during the subsistence of the marriage with her. From the point of view of the neglected wife, for whose benefit the Explanation has been provided, it will make no difference whether the woman intruding into her matrimonial life and taking her place in the matrimonial bed is another wife is permitted under law to be married and not a mistress. The legal status of the woman to whom a husband has transferred his affections cannot lessen her distress or her feelings of neglect. In fact from one point of view the taking of another wife portends a more permanent destruction of her matrimonial life than the taking of a mistress by the husband. Be that as it may, can it be said that a second wife would be more tolerant and sympathetic then a mistress so as to persuade the wife to rejoin her husband and lead life with him and his second wife in one and the same house. It will undoubtedly lead to a strange situation if it were to be held that a wife will be entitled to refuse to live with her husband if he has taken a mistress but she cannot refuse likewise if he has married a second wife. The Explanation has to be construed from the point of view of the injury to the matrimonial rights of the wife and not with reference to the husband’s right to marry again. The Explanation has, therefore, to be seen in its full perspective and not disjunctively. Otherwise it will lead to discriminatory treatment between wives whose husbands have lawfully married again and wives whose husbands have taken mistress.

Maintenance—muslim wife—Entitlement of—Second marriage by husband—Permission under personal law for second marriage does not affect the entitlement of muslim woman who has a right to seek maintenance from the husband who has either married or taken as mistress.

Criminal Procedure Code, 1973—Section 125—Maintenance—muslim wife—Entitlement of—Second marriage by husband—Permission under personal law for second marriage does not affect the entitlement of muslim woman who has a right to seek maintenance from the husband who has either married or taken as mistress.

Counsel for the Parties:

Mrs. Geeta Luthra and Mr. D. Goburdhan, Advocates, for Appellants

Mr. S. C. Birla, Advocate, for Respondent.

Judgement

Natarajan, J—Is a muslim wife whose husband has married again worse off under law than a muslim wife whose husband has taken a mistress to claim maintenance from her husband? Can there be a discrimination between muslim women falling in the two categories in their right to claim maintenance under S. 125, Criminal P.C., 1973 (for short the “Code”)? These fundamental questions of a startling nature run as undercurrents beneath the placid waters of this seemingly commonplace action for maintenance by a muslim wife against her husband. We have projected these fundamental issues in the prefatory itself because these larger questions also arise for consideration in this appeal.

2. Now for a resume of the facts. The appellant was married to the respondent on 11-5-80 and she begot him a girl child on 9-5-81. On grounds of neglect and failure to provide maintenance she filed a petition under S. 125 of the Code in the Court of the Judicial First Class Magistrate, Kasargod, to seek maintenance for herself and the child at ` 500/- and ` 300/- per month respectively. The Magistrate dismissed the petition saying the appellant had failed to establish adequate justification for living separately. A revision was preferred to the Sessions Judge of Tellicherry. During the pendency of the revision the respondent married one Sahida Begum on 18-10-84, as his second wife. It was, therefore, urged in the revision that irrespective of the other grounds the second marriage of the respondent was by itself a ground for grant of maintenance. The Sessions Judge skirted the issue by taking a devious view that since the respondent had contracted the second marriage after giving the appellant sufficient time and opportunity to rejoin him and since he had offered to take her back even after the second marriage, the appellant was not entitled to claim maintenance. However, in so far as the child is concerned the Sessions Judge granted maintenance to it at ` 100/- per month. The appellant then preferred a petition to the High Court under S. 482 of the Code for grant of maintenance to her and for enhancing the maintenance awarded to the child. The High Court declined to interfere saying that the concurrent findings of the Courts below precluded the appellant from agitating her claim any further. The aggrieved appellant has approached this Court of last resort under Art. 136 of the Constitution for redressal of her grievance.

3. The principal controversy in the appeal centres round the rights and liabilities of the parties in the context of the second marriage entered into by the respondent on 18-10-84. The appellant’s case is that the second marriage has added a new dimension to her maintenance action and she has become entitled under law to live separately and claim maintenance. The counter argument of the respondent is that he was driven to the necessity of marrying again because the appellant failed to rejoin him but even so he had offered to take her back and maintain her and the said offer exonerated him from his liability to pay maintenance. The main defence, however, urged is that since he is permitted by muslim law to take more than one wife his second marriage cannot afford a legal ground for the appellant to live separately and claim maintenance. These rival contentions fall for our determination in this appeal.

4. The justification put forward for the second marriage cannot be taken as a tenable defence, even if such a defence is open, because there is no evidence to show that the respondent had asked the appellant to rejoin him and she had declined to do so before the respondent took his second wife. Therefore, what really needs consideration is whether the second marriage of the respondent confers a right upon the appellant to live separately and claim maintenance and secondly whether her rights stand curtailed in any manner because of the personal law governing the parties permitting a husband to marry more than one wife. The further question to be decided is whether even if the respondent is liable to pay maintenance, he stands absolved of his liability after his offer to take back the appellant and maintain her.

5. For adjudicating the rights of the parties we must construe the Explanation and determine its scope and effect. The Explanation reads as follows:-

“If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.”

6. Before entering upon our discussion, we may refer to some of the decisions rendered by the High Courts on the scope and effect of the Explanation. We are setting out only some of the cases and not making an exhaustive reference because the purpose of the reference is only to show the divergent views taken by several High Courts. Furthermore, we have grouped the cases on broad classifications and not with reference to the line of reasoning adopted in each case. In the following cases it was held that the second marriage of the husband entitled the wife to an order of maintenance under S. 488, Criminal P.C. 1898:(1) Bayanna v. Devamma, 1953 Mad WN Crl 243; (2) Kandaswami v. Nachammal, AIR 1963 Mad 263; (3) Syed Ahmad v. N. P. Taj Begum, AIR 1958 Mys 128; (4) Shambu v. Ghalamma, AIR 1966 Mys 311; (5) Teja Bai v. Shankarrao, AIR 1966 Bom 48; (6) Mohammed Haneefa v. Mariam Bi, AIR 1969 Mad 414.

7. In the following cases a contrary view was taken holding that the mere fact that a husband has contracted marriage with another wife or keeps a mistress cannot without more be said to amount to neglect or refusal on the part of the husband to maintain his wife within the meaning of sub-s. (1) of S. 488; (7) Bela Rani v. Bhupal Chandra, AIR 1956 Cal 134 (8) Rupchand v. Charubala, AIR 1966 Cal 83 (9) Ishar v. Soma Devi, AIR 1959 Punj 295 (10) Dhan Kaur v. Niranjan Singh, AIR 1960 Punj 595.

8. A third line of view was taken in Ramji Malviya v. Munni Devi, AIR 1959 All 767 where it was held that ordinarily remarriage will be a sufficient ground for refusing to live with the husband but if the remarriage had been occasioned by the wife’s unjust refusal to live with her husband she cannot take advantage of her own wrong and claim maintenance.

9. There are two decisions, one of the Kerala High Court rendered by V. R. Krishna Iyer, J., as he then was, and the other of the Andhra Pradesh High Court rendered by Chinnappa Reddy, J., as he then was, which require mention because they pertain to maintenance actions by muslim wives whose husbands had married again. Krishna Iyer, J. held as follows in Sahulameedu v. Subaida Beevi, 1970 Ker LT 4.

“It behoves the Courts in India to enforce S. 488(3), Criminal P.C. in favour of Indian women, Hindu, muslim or other. I will be failing in my duty if I accede to the argument of the petitioner that muslim women should be denied the advantage of para 2 of the proviso to S. 488(3).” Chinnappa Reddy, J held in Chand Begum v. Hyderbaig, 1972 Cri LJ 1270 (Andh Pra) as under:

“Therefore, a husband who married again cannot expect the Court to come to his rescue if he wants the first wife to share the conjugal home with a co-wife. If she decides to live separately he is bound to provide a home for her and maintain her. If he does not do that, he neglects or refuses to maintain her within the meaning of S. 488(l), Cr. P.C. Thus the offer of a husband who has taken a second wife to maintain the first wife on condition of her living with him cannot be considered to be a bona fide offer and the husband will be considered to have neglected or refused to maintain the wife.”

10. Lastly, we must also refer to the decision of this Court in Mohd. A. Khan v. Shah Bano Begum, (1985) 3 SCR 844 at page No. 856 wherein the Explanation came to be scanned by the Court while examining the larger question regarding the rights of divorced muslim wives to claim maintenance under S. 125 of the Code. The relevant observation of the Court is in the following terms:-

“The conclusion that the right conferred by S. 12 can be exercised irrespective of the personal law of the parties is fortified, especially in regard to muslims, by the provision contained in the Explanation to the second proviso to S. 125(3) of the Code. That proviso says that if the husband offers to maintain his wife on condition that she should live with him, and she refuses to live with him, the Magistrate may consider any grounds of refusal stated by her, and may make an order of maintenance notwithstanding the offer of the husband, if he is satisfied that there is a just ground for passing such an order …….. The explanation confers upon the wife the right to refuse to live with her husband if he contracts another marriage, leave alone 3 or 4 other marriages. It shows, unmistakably, that S. 125 overrides the personal law, if there is any conflict between the two.”

11. Having referred to the views taken by some of the High Courts and this Court about the ambit of the Explanation, we will now proceed to consider its terms and its operative force. Though we stand benefited by the enlightenment derived from the decisions referred to above, we are of opinion that the Explanation calls for a more intrinsical examination than has been done hitherto. Sub-s. (1) of S. 125 inter alia provides that if a person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, the Magistrate may, upon proof of such neglect or refusal, order the person to make a monthly allowance for the maintenance of his wife. The second proviso to sub-s. (3) lays down that if a person liable to pay maintenance offers to maintain his wife on condition of her living with him, and she refuses to live with him, the Magistrate may consider the grounds of refusal, and may make an order for maintenance notwithstanding the husband’s offer, if he is satisfied that there is just ground for ordering maintenance. Then comes the Explanation which says that if a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for the wife’s refusal to live with him. In the reported decisions where the Explanation has been construed, as entitling a muslim wife to claim maintenance on the basis of the Explanation, the Courts have only taken into consideration the first limb of the Explanation, viz.. “if a husband has contracted marriage with another woman.’” Focussing attention on that part of the Explanation, the Courts have held that the Explanation is of common application to all wives whose husbands have contracted another marriage irrespective of the fact the personal law governing the parties permits another marriage during the subsistence of the earlier marriage. We would like to point out that the Explanation contemplates two kinds of matrimonial injury to a wife, viz., by the husband either marrying again or taking a mistress. The Explanation places a second wife and a mistress on the same footing and does not make any differentiation between them on the basis of their status under matrimonial law. If we ponder over the matter we can clearly visualise the reason for a second wife and a mistress being treated alike. The purpose of the Explanation is not to affect the rights of a muslim husband to take more than one wife or to denigrate in any manner the legal and social status of a second wife to which she is entitled to as a legally married wife, as compared to a mistress but to place on an equal footing the matrimonial injury suffered by the first wife on account of the husband marrying again or taking a mistress during the subsistence of the marriage with her. From the point of view of the neglected wife, for whose benefit the Explanation has been provided, it will make no difference whether the woman intruding into her matrimonial life and taking her place in the matrimonial bed is another wife permitted under law to be married and not a mistress. The legal status of the woman to whom a husband has transferred his affections cannot lessen her distress or her feelings of neglect. In fact from one point of view the taking of another wife portends a more permanent destruction of her matrimonial life than the taking of a mistress by the husband. Be that as it may, can it be said that a second wife would be more tolerant and sympathetic than a mistress so as to persuade the wife to rejoin her husband and lead life with him and his second wife in one and the same house. It will undoubtedly lead to a strange situation if it were to be held that a wife will be entitled to refuse to live with her husband if he has taken a mistress but she cannot refuse likewise if he has married a second wife. The Explanation has to be construed from the point of view of the injury to the matrimonial rights of the wife and not with reference to the husband’s right to marry again. The Explanation has, therefore, to be seen in its full perspective and not disjunctively Otherwise it will lead to discriminatory treatment between wives whose husbands have lawfully married again and wives whose husbands have taken mistresses. Approaching the matter from this angle, we need not resort to a comparison of muslim wives with Hindu wives or Christian wives but can restrict the comparison to muslim wives themselves who stand affected under one or the other of the two contingencies envisaged in the Explanation and notice the discrimination. It is this aspect of the matter which we feel has not been noticed hitherto.

12. Even if the Explanation is viewed in, the larger context of the provisions of S. 125 the conclusion reached above is inescapable S. 125, its forerunner being S. 488, has been enacted with the avowed object of preventing vagrancy and destitution. The section is intended to ensure the means of subsistence for three categories of dependents viz. children, wives and parents who are unable to maintain themselves. The three essential requisites to be satisfied before an order of maintenance can be passed are that (1) the person liable to provide maintenance has sufficient means; (2) that he has neglected or refused to maintain and (3) the dependent/ dependents is/are unable to maintain himself/herself/ themselves as the case may be. The Legislature being anxious that for the sake of maintenance, the dependents should not resort to begging, stealing or cheating, etc., the liability to provide maintenance for children has been fixed on the basis of the paternity of the father and the minority of the child and in the case of major children on the basis of their physical handicap or mental abnormality without reference to factors of legitimacy or illegitimacy of the children and their being married or not. In the case of wives, whether their ties of marriage subsist or not, the anxiety of the Legislature is that they should not only not resort to begging, stealing or cheating, etc., but they should also not feel compelled, for the sake of maintaining themselves, to resort to an adulterous life or in the case of divorced women, to resort to remarriage, if they have sentimental attachment to their earlier marriage and feel morally bound to observe their vows of fidelity to the persons whom they had married. This position emerges when we take an overall view of sub-secs. (1), (4) and (5). While sub-s. (4) provides that a wife shall not be entitled to receive maintenance from her husband if she is living in adultery or if without sufficient reason she refuses to live with her husband or if she lives separately by mutual consent. sub-s. (5) provides that an order of maintenance already passed can be cancelled for any of the abovesaid reasons. Thus by reason of sub-ss. (4) and (5) a husband can avoid his liability to pay maintenance if his wife is living in adultery. Correspondingly a right has been conferred on the wife under the Explanation to live separately and claim maintenance from the husband if he breaks his vows of fidelity and marries another woman or takes a mistress. As already stated it matters not whether the woman chosen by the husband to replace the wife is a legally married wife or a mistress. Therefore, the respondent’s contention that his taking another wife will not entitle the appellant to claim separate residence and maintenance cannot be sustained. The Explanation is of uniform application to all wives including muslim wives whose husbands have either married another wife or taken a mistress.

13. It only now remains for us to consider the further defence of the respondent that in view of his offer to take back the appellant and maintain her he stands absolved of his liability to pay maintenance. The offer to take back the appellant had been made only before the Revisional Court and that too after the second marriage had taken place. The offer was not to the effect that he would set up a separate residence for the appellant so as to enable her to live in peace and with dignity. As has been pointed out in Chand Begum v. Huderbaig, (supra) a husband, who marries again cannot compel the first wife to share the conjugal home with the co-wife and as such unless he offers to set up a separate residence for the first wife, any offer to take her back cannot be considered to be a bona fide offer. It is, therefore, obvious that the offer was only a make-believe one and not a genuine and sincere offer. On the basis of such an insincere offer the appellant’s rights cannot be negated or defeated. It is highly unfortunate that the Sessions Judge and the High Court should have declined to grant maintenance to the appellant in spite of the appellant’s case failing squarely under the Explanation.

14. As the record contains evidence regarding the earnings of the respondent we are in a position to determine the quantum of maintenance for the appellant in this appeal itself instead of remitting the matter to the trial Court or the Revisional Court. The respondent has stated in his counter-affidavit in the special leave petition that his income is only ` 1,000/- per month. The appellant has stated in her petition for maintenance that the respondent was getting ` 1,500/- per month by way of salary and ` 500/- per month by way of income from properties. In the four years that have gone by since the maintenance action was instituted the respondent’s income must have certainly increased. Therefore, taking all factors into consideration we fix the quantum of maintenance for the appellant at ` 300/- per month. This amount will be paid with effect from 18-10-1984 when the respondent married a second wife. The arrears of maintenance will be paid by the respondent in five equal instalments, the first of such instalment to be paid during the first week of June 1987. The subsequent instalments will be paid at intervals of three months thereafter, i.e., during the first week of September 1987, first week of December, 1987, first week of March 1988 and first week of June 1988. Future maintenance must be paid before the 10th of every succeeding month. We also enhance the maintenance to the minor girl (second appellant) to ` 200/- per month from ` 100/- per month with effect from 1-1-1987. Default in payment of future maintenance or any instalment of the arrears will entitle the appellant to levy execution against the respondent under S. 125(3) of the Code and realise the amount.

15. The appeal will stand allowed accordingly.