Section 105. Maintenance of minors and other disabled persons. (ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963

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

PART IX - MAINTENANCE OF DEPENDANTS

Section 105. Maintenance of minors and other disabled persons.

(1) An unmarried person under the age of eighteen years or a person who by reason of infirmity or disease is unable to support himself may, by application to the Court, personally or through a representative, obtain an order against any person who under Muslim Law is under an obligation to support the person so applying.

In this sub-section "representative" in relation to an unmarried person under the age of eighteen years or to a person who is by reason of infirmity or disease unable to support himself, means a represantative appointed under sub-section (2) of section 50.

(2) The said order shall be for the payment from time to time of such sums-

(a) in the case of an unmarried person aforesaid, as such person is under Muslim Law entitled to; and

(b) in the case of a person unable to support himself aforesaid, as is proper.

(3) It shall be a defence for a person against whom the order is to be made to show that he is not in a position to make any payments.