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Union of India case and Shamima Farooqui v. Shahid Khan, the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement, and The Muslim Women (Protection of Rights on Divorce) Act 1986 was nullified.
Union of India read the Act with Articles 14 and 15 of the Constitution of India, which prevent discrimination on the basis of sex, and held that the intention of the framers could not have been to deprive Muslim women of their rights. Further, the Supreme Court construed the statutory provision in such a manner that it does not fall foul of ...
[3] [4] A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq (the Arabic word for "divorce") (in spoken, written or, more recently, electronic form). The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of ...
Country’s top court says it can waive off manadory six-month cooling off period for divorcing couples
Meanwhile, after initially refusing to agree to a divorce, Bachan Kaur told Surjit that a divorce could go ahead if she accompanied her to two weddings in India; the pair flew to Delhi on 4 December 1998. [5] [4] They were met at the airport by Bachan Kaur's brother, Darshan Singh, and on 5 and 6 December attended two weddings in rural Punjab ...
The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. [1] Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, [2] which deals with marriage, succession and inheritance among Muslims.
The government had formulated the bill claiming 100 cases of instant triple talaq, since the Supreme Court judgement in August 2017 prohibiting triple talaq in India. [23] On 28 December 2017, the Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017. [24]
The AIMPLB has been involved in various significant cases and debates, including those related to the Muslim Women (Protection of Rights on Divorce) Act, the Shah Bano case, and the Triple Talaq issue. It has also played a role in advocating for the preservation of Muslim personal laws and resisting attempts to introduce a uniform civil code in ...