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It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law. [2] Shah Bano Begum, from Indore, Madhya Pradesh, was divorced by her husband in 1978. [2] She filed a criminal suit in the Supreme Court of India, in which she won the right to alimony from her husband. However, some Muslim ...
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 ...
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims.
The 1939 act (Act No. 8 of 1939) is meant to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage brought by women married under Muslim Law. The act received assent of the Governor-General on 17 March 1939. [3] In Muslim law, the wife can claim divorce under extrajudicial or judicial modes.
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. [1]: 260 It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." [2]
Nafaqah (Arabic: نَفَقَة), nafaqa or nafkah is the Islamic legal term for the financial support a husband must provide for his wife (during marriage and for a time after divorce) and children. Under an Islamic marriage agreement , the husband is obliged to pay for his wife's housing (including furniture [ 1 ] ), food and clothing in the ...
Court has power to add modify or revoke any order made under S. 3, 4 and 5, i.e., with respect to maintenance, residence, when there is change in circumstances. For getting maintenance and residence of female contracting party or child born in such marriage and for custody of children, application can be moved before the district court having ...