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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 1986, the Parliament of India passed an act titled The Muslim Women (Protection of Rights on Divorce) Act, 1986, that nullified the Supreme Court's judgment in the Shah Bano judgment. Diluting the Supreme Court judgment, the act allowed maintenance to a divorced woman only during the period of iddat , or till 90 days after the divorce ...
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. [1] This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce [ 2 ] and rights of Muslim women who have ...
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.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system.Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.
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divorce on the ground that the marriage has been strongly impaired due to reasons that can be imputed either to the defendant or both spouses, making the continuation of the marriage unbearable for the petitioner; divorce on the ground of separation of 2 years (Article 14 of Law 3719/2008 reduced the separation period from 4 years to 2 years [130])