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It proposes changes to the Hindu Marriage Act, 1955 and Special Marriage Act, 1954. Both acts has a provision for divorce by mutual consensus of both the parties. The amendment of the marriage laws propose 'irretrievable breakdown' as an additional ground for seeking divorce. Under this provision any marriage party could file a petition for ...
Shilpa Sailesh Vs Varun Sreenivasan: Hon’ble Supreme Court of India held that it can exercise power under Article 142(1) to grant a decree of divorce by mutual consent and can bypass the provisions of section 13B of The Hindu Marriage Act, 1955. Hon’ble Supreme Court of India also recognized its discretionary power to dissolve a marriage on ...
The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for secular civil marriage (or "registered marriage") for people of India and all Indian nationals in foreign countries, irrelevant of the religion or faith followed (both for inter-religious couples and also for atheists and agnostics) by either party. [1]
Bano was a 73-year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan. He had divorced her after 40 years of marriage by triple Talaaq (saying "I divorce thee" three times) and denied her regular maintenance; this sort of unilateral divorce was permitted under the Muslim Personal Law. She was initially granted maintenance by ...
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent secular law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied ...
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
Repudiation is also a concept that existed in the Roman law. [ 3 ] In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice ...
Mohd. Ahmad Khan v. Shah Bano Begum [1985], [1] commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman.