Search results
Results From The WOW.Com Content Network
[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 ...
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.
The judgement came in a 2014 case filed in the Supreme Court by Shilpa Sailesh and Varun Sreenivasan who sought divorce under Article 142. The court listed out factors to determine the ...
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 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 Indian Divorce Act 1869 [164] is the law relating to the divorce of person professing the Christian religion. Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy. [165]
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.
In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.