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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 ...
In Muslim law, the wife can claim divorce under extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian. The judicial mode is by Dissolution of Muslim Marriages Act 1939. The act defines the grounds for divorce and the procedure that applies.
Triple talaq is a form of divorce that was practised in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media.
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 divorce. [1] It grants a wife a share in her husband's inherited and inheritable property.
Christian marriage in India can be dissolved under the Indian Divorce Act of 1869 (under Section X) under three conditions: [5] By Section X A (as amended in 2001) both parties can file for a divorce by mutual consent. According to Section X (I), either party can file for divorce on the grounds that the other party is of unsound mind. These ...
Evidence of Muslim personal code can be found since 1206 on the Indian peninsula with the establishment of Islamic rule in parts of the region. [4] During the reign of Mamluk dynasty (1206–1290 A.D), Khalji dynasty (1290–1321), the Tughlaq dynasty (1321–1413), the Lodi dynasty (1451–1526) and the Sur dynasty (1539–1555), the court of Shariat, assisted by the Mufti, dealt with cases ...
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