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The act defines the grounds for divorce and the procedure that applies. [ 4 ] [ 5 ] An important aspect of this law is Section 4 that states "The renunciation of Islam by a married Muslim woman or her conversion to faith other than Islam shall not by itself operate to dissolve her marriage".
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 ...
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]
The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
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 ...
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.
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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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