Section 90A. Procedure to be followed where misunderstanding arises from decision of Kathi. (ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963

ENACTMENT NO. 3 OF 1964
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963

PART VIII - MARRIAGE AND DIVORCE

Section 90A. Procedure to be followed where misunderstanding arises from decision of Kathi.

(1) Whenever any misunderstanding arises from the decision of the Court, the Kathi shall have power to order both parties to appoint their representatives to find ways of solving the misunderstanding and the representatives shall have power:

(i) on behalf of the husband, to receive the compensation;

(ii) on behalf of the wife, to receive the divorce.

(2) (a) If the two representatives are incompetent and without ability to effect a settlement the Kathi shall have power to appoint two arbitrators (hakam); one to act on behalf of the husband and the other on behalf of the wife in order to find out ways of solving the misunderstanding. The arbitrator representing the husband shall have power to declare a divorce.

(b) An Assistant Kathi shall have no power to make an appointment under the preceding sub-section but shall report any such case coming before him to the Kathi.

(3) If the two arbitrators appointed under sectIon 2 (a) are unable to solve the misunderstanding between the husband and the wife, the Kathi shall refer the matter to the Majlis for decision and the decision of the Majlis shall be final.

(4) (a) On satisfactory proof being given that the wife is without property and that she still refuses to return to her husband the arbitrators shall have power to decree a divorce with a reasonable compensation if it appears to them that to compel her to return to her husband will cause her hardships and that a divorce is in the interests of both parties.

(b) If a divorce with compensation is decreed and the wife is possessed of property such property is liable to be attached for the recovery of such compensation.

(5) If no reconciliation is possible, the party applying for a divorce shall fill up a prescribed Form. The rights of each party shall be agreed to in the presence of the Registrar.

(6) The husband shall deposit a sum of not less than one month's maintenance for the wife with the Kathi unless under the divorce the husband is not required to pay any maintenance to the wife.

(7) Each party to the divorce shall return to the other the property to which he or she is entitled.

(8) Within seven days of a divorce the husband shall report such divorce to the Registrar.