The Muslim Women (Protection of Rights on Marriage) Act, 2019 deals with…

2024

The Muslim Women (Protection of Rights on Marriage) Act, 2019 deals with subsistence allowance in which of the following Sections?

Answer: A. Section 5Concept. Every section of an Indian Act carries a marginal heading that names the one function that section performs, and the sections are arranged as a…

  1. A.

    Section 5

  2. B.

    Section 6

  3. C.

    Section 7

  4. D.

    Section 4

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Correct answer: A

Concept. Every section of an Indian Act carries a marginal heading that names the one function that section performs, and the sections are arranged as a scheme in which those functions follow one another. A "which section" question is therefore answered by recalling that scheme of headings — what job each section is doing — rather than by memorising a bare number. In a short penal-cum-protective Act the scheme is usually read in one pass: what is prohibited, what the penalty for it is, what relief the aggrieved person gets, and how the offence is tried.

Applying it here. The Muslim Women (Protection of Rights on Marriage) Act, 2019 sets out its scheme as follows:

  1. Section 3 declares talaq pronounced by a Muslim husband upon his wife to be void and illegal — this is the prohibition.

  2. Section 4 attaches the punishment to that prohibition: imprisonment which may extend to three years, along with a fine.

  3. Section 5 carries the money relief: a married Muslim woman upon whom talaq is pronounced is entitled to receive from her husband an amount of subsistence allowance, for her and her dependent children, as determined by the Magistrate.

  4. Section 6 carries the custody relief: the woman is entitled to custody of her minor children, in such manner as the Magistrate may determine.

  5. Section 7 closes the scheme with procedure — when the offence is cognizable, when it is compoundable, and the condition on which bail may be granted.

Reading the scheme by function, the money-relief job in this Act is carried by Section 5, which the Act itself titles "Subsistence allowance".

Cross-check. Laying the neighbouring sections side by side shows that only one of them carries a money-relief function:

Section

What the Act places there

Section 3

Talaq pronounced upon a wife is void and illegal

Section 4

Punishment — imprisonment up to three years, with fine

Section 5

Subsistence allowance payable by the husband, for the woman and her dependent children

Section 6

Custody of the minor children

Section 7

Offence cognizable and compoundable; bail conditions

Punishment, custody and procedure are each accounted for elsewhere, so the section dealing with subsistence allowance is Section 5.

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