“Courts must accept Muslim wife's assertions in a polygamous marriage”
15 years ago

“Courts must accept Muslim wife's assertions in a polygamous marriage”

The Hindu  

A Division Bench of the Kerala High Court on Wednesday declared that courts must accept the assertions of a Muslim wife in a polygamous marriage that she had been treated inequitably by her husband in claims for divorce under Section 2 of the Dissolution of Muslim Marriages Act, 1939. Hari Rani gave the ruling while dismissing an appeal filed by a Muslim man against a single judge's verdict upholding the lower court's order for divorce on a petition filed by his wife. “At least when faced with the ignominy of polygamy, the wife must on her assertions be able to secure an order through court to quit such marriage. It is, of course, true that Section 2 of the Act does not recognise a polygamous marriage by itself as a ground for divorcé; but read reasonably, the provision concedes to the wife the right to walk out of the marriage if she is satisfied that she has not been treated equitably in such marriage.” The Bench said the fact that she had “consented to a polygamous marriage, that she had lived with her co-wife happily for some time or that she had entered into a polygamous marriage with a ‘consciousness' that she would be a second wife were ‘all no effective defences' in a claim for divorce.

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History of this topic

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 1 week ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 2 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost
8 months ago

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost

Firstpost  

All India Muslim Personal Law Board spokesperson Syed Qasim Rasool Ilyas said the board has also decided to talk to the Central government and the Opposition on the matter The Supreme Court’s ruling on alimony to divorced Muslim women was “against the Islamic law ”, the All India Muslim Personal Law Board said. The AIMPLB Working Committee met on Sunday …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
8 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
8 months, 1 week ago

AIMPLB may challenge SC ruling on alimony to divorced Muslim women

Hindustan Times  

Lucknow and Meerut: The All India Muslim Personal Law Board is likely to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board has …

Muslim women’s alimony right meets the moment
8 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 1 week ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC
1 year, 2 months ago

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday held that a divorced Muslim woman’s right to maintenance from her former husband is unconditional and applicable even after she is remarried. HT Image The single judge bench of justice Rajesh Patil said that though the word “remarriage” was missing from section 3 of the Muslim Women Act, 1986, under which divorced Muslim …

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man
1 year, 2 months ago

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man

Op India  

On December 22, 2023, the Madra High Court upheld the annulment of a marriage, holding that while Islamic Law allows polygamy, equal treatment of all wives is essential and failing to do so amounts to cruelty. Under Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wife equally,” the court observed. On that …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
1 year, 2 months ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea
2 years, 3 months ago

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea

Firstpost  

The High Court gave this order on a plea filed by a young Christian couple challenging the fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 as being violative of fundamental rights Kochi: The Kerala High Court has declared as unconstitutional the stipulation of one year of separation or more for …

Supreme Court Agrees To Form Constitution Bench To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law
2 years, 3 months ago

Supreme Court Agrees To Form Constitution Bench To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law

Live Law  

The Supreme Court, on Thursday, agreed to reconstitute a Constitution Bench for hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law. Eight petitions challenging these practices were previously listed before a 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia. Chandrachud, …

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it
2 years, 4 months ago

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it

Op India  

The Kerala High Court last week dismissed a review petition filed by a man challenging the divorce granted to his wife under the Dissolution of Muslim Marriages Act,1939, holding that a Muslim woman has the absolute right to dissolve her marriage at will and does not need her husband’s consent for it. “We declared that the right of a Muslim …

Husband can reject Khula demand: Muslim Personal Law Board
2 years, 4 months ago

Husband can reject Khula demand: Muslim Personal Law Board

The Hindu  

November 03, 2022 10:33 pm | Updated November 04, 2022 01:12 am IST - NEW DELHI In a move likely to have far reaching ramifications, the All India Muslim Personal Law Board on Thursday pronounced that a Muslim woman does not enjoy a unilateral right to end her marriage through Khula. The Board’s response comes in the wake of Kerala …

Islamic Law Recognizes Muslim Woman's Right To Demand Divorce, Husband's Consent Not Essential: Kerala High Court
2 years, 4 months ago

Islamic Law Recognizes Muslim Woman's Right To Demand Divorce, Husband's Consent Not Essential: Kerala High Court

Live Law  

Observing that Islamic law recognises a Muslim woman's right to demand termination of marriage, the Kerala High Court has ruled that the will of the wife cannot be "related to the will of the husband" who may not be agreeing to the divorce.Dismissing a review petition against a judgment wherein the court had recognized a Muslim woman's right to resort …

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC
2 years, 4 months ago

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC

India Today  

The Kerala High Court has said that the Islamic law recognises a Muslim woman's right to demand termination of marriage. Dismissing a review petition against a judgment wherein the court had recognised a Muslim woman's right to resort to khula, the division bench of Justice A Muhamed Mustaque and Justice CS Dias said, "In the absence of any mechanism in …

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
2 years, 5 months ago

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq

Live Law  

The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that …

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM
2 years, 6 months ago

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM

Live Law  

A Constitution Bench of the Supreme Court will start hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law after the Dussehra holidays.Eight petitions challenging these practices were listed on Tuesday before a 5-judge bench comprising Justices Indira Banerjee, Hemant. A Constitution Bench of the Supreme Court will …

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam
2 years, 10 months ago

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam

Hindustan Times  

The Delhi high court on Monday sought the Centre’s stand on a Muslim woman’s plea seeking regulation of the practice of bigamy or polygamy which is allowed under Muslim law. The woman sought directions to the Union government to frame a law to regulate the practice of bigamy or polygamy contracted by a Muslim husband under Shariat with provisions of …

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued
2 years, 10 months ago

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

Live Law  

The Delhi High Court today issued notice on a public interest litigation filed by a 28 years old Muslim woman, seeking a declaration that Muslim men cannot perform second marriage, without prior consent of their first wife. In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory …

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court
2 years, 11 months ago

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court

Live Law  

Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition. The court noted that under Section 2 of the Muslim Personal Law Act 1937 all property, marriage, dissolution …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 11 months ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 2 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Landmark Kerala HC verdict restores a right for Muslim women
3 years, 10 months ago

Landmark Kerala HC verdict restores a right for Muslim women

The Hindu  

For decades it was the best kept secret in matters of divorce among Muslims. At the societal level, most women have remained unaware of the right to khula, a single inalienable right to divorce that is available to them, and the case became even more complicated and ignorance spread across generations because the Dissolution of Muslim Marriages Act, 1939, denied …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 11 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

Breaking: Muslim Woman Has The Right To Invoke Extra-Judicial Divorce, Rules Kerala High Court, Overrules About Half-Century Old Precedent
3 years, 11 months ago

Breaking: Muslim Woman Has The Right To Invoke Extra-Judicial Divorce, Rules Kerala High Court, Overrules About Half-Century Old Precedent

Live Law  

Overruling a 49-year-old judgment that effectively barred Muslim women from resorting to extra judicial modes of dissolving marriage, the High Court has upheld the validity of these modes. Finding that the governing law, The Dissolution of Muslim Marriages Act did not contemplate the undoing of the modes of extra-judicial divorce available to women under personal law, the bench of Justices …

Punjab and Haryana HC uphold Sharia law, declares Muslim woman's marriage with lover illegal
4 years, 1 month ago

Punjab and Haryana HC uphold Sharia law, declares Muslim woman's marriage with lover illegal

Op India  

While hearing a petition filed by a Muslim couple from Mewat district in Haryana seeking protection, the Punjab and Haryana High Court declared their marriage illegal citing the Muslim personal law. A Muslim man can have multiple wives without divorce, but a woman will need to divorce her husband first: HC The couple was reportedly facing threats from their family …

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

Live Law  

The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce …

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived
6 years ago

Kerala HC judgment shows divorce debate on 'irretrievable breakdown of marriage' must be revived

Firstpost  

The Kerala High Court recently observed that that a liberal approach needs to be adopted by courts while dealing with divorce applications based on mutual consent. While the judgment pertains to mutual consent divorce petitions, the reasoning adopted by the Kerala High Court begs a very important question, that has engaged the attention of many lawyers and social scientists — …

Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]
6 years, 4 months ago

Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]

Live Law  

“We don't think it necessary for us to go into the correctness of the said divorce, as concealment of a vital fact for entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void.”The Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

After triple talaq, Supreme Court to examine polygamy
6 years, 11 months ago

After triple talaq, Supreme Court to examine polygamy

Deccan Chronicle  

New Delhi: Within months of the Supreme Court striking down triple talaq as unconstitutional, a Constitution Bench of the top court will look into the legal and constitutional validity of the prevalent practices of polygamy and nikah-halala among Muslims. A three-judge bench, headed by Chief Justice Dipak Misra, while issuing a notice to the Centre on four petitions filed by …

Supreme Court’s constitution bench to hear plea against polygamy, nikah halala
6 years, 11 months ago

Supreme Court’s constitution bench to hear plea against polygamy, nikah halala

Live Mint  

New Delhi: After striking down the practice of triple talaq, the Supreme Court on Monday referred a challenge to the practice of polygamy and nikah halala under the Muslim personal law to be heard by a Constitution bench. Nikah halala requires a female divorcee to marry someone else, consummate the marriage and then get a divorce to remarry her previous …

Supreme Court asks if Kerala HC was justified in annulling Hadiya’s marriage
7 years ago

Supreme Court asks if Kerala HC was justified in annulling Hadiya’s marriage

Live Mint  

New Delhi: The Supreme Court Thursday asked if a roving inquiry could be ordered into the “issue of consent” between two adults who married at will and if the Kerala high court order annulling the marriage of Hadiya, an alleged victim of ‘love jihad’, was justified. The matter had come to fore when Jahan had challenged the Kerala high court’s …

A lesson to all men
7 years, 4 months ago

A lesson to all men

Deccan Chronicle  

Shahzad Saqib was a married man who wanted to marry again. In court, her lawyers argued that the Family Laws Ordinance requires that the man obtain permission from his first wife prior to marrying the second. As the verdict showed, the Family Laws Ordinance requires that any man seeking permission to marry a second time must submit a written application …

A nuanced judgment
7 years, 6 months ago

A nuanced judgment

The Hindu  

The Supreme Court of India gave three judgments when asked to consider the constitutional validity of the practice of talaq-e-bidat, or instant triple talaq. It is worth noting that the authorities cited include the Quran and the hadiths, the works of leading Islamic scholars such as Maulana Muhammad Ali, leading secular academics like Prof. Tahir Mahmood, Sunnis, Shias and Dawoodi …

On triple talaq and the option of divorce for Muslim women: A way out for her too
7 years, 9 months ago

On triple talaq and the option of divorce for Muslim women: A way out for her too

The Hindu  

The marathon arguments on the subject of triple talaq before the five-judge bench of the Supreme Court have ended. While most Muslim women petitioners wanted nothing more than just implementation of the Koranic procedure of divorce and an end to arbitrary and instant divorce, the Attorney General said that the government could bring in a comprehensive law should the court …

Locating Triple Divorce In Classical Islamic Jurisprudence
7 years, 10 months ago

Locating Triple Divorce In Classical Islamic Jurisprudence

Live Law  

The Supreme Court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.Media has played a significant role in making it ‘Muslim women versus Muslim community’ narrative.Politicians behave like messiah to score electoral brownies before declaring that the issue must not be politicized. In Islam, the hierarchy of sources of …

Locating Triple Divorce In Classical Islamic Jurisprudence
7 years, 10 months ago

Locating Triple Divorce In Classical Islamic Jurisprudence

Live Law  

The Supreme Court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.Media has played a significant role in making it ‘Muslim women versus Muslim community’ narrative.Politicians behave like messiah to score electoral brownies before declaring that the issue must not be politicized. In Islam, the hierarchy of sources of …

SC gives Centre four weeks to respond on triple talaq issue
8 years, 6 months ago

SC gives Centre four weeks to respond on triple talaq issue

The Hindu  

The Supreme Court, on Monday, granted four weeks time to the Centre to file its reply to a batch of petitions on the triple talaq issue. On September 2, All India Muslim Personal Law Board told the Supreme Court that personal laws of a community cannot be “re-written” in the name of social reforms and opposed pleas on issues, including …

Why can't a Muslim woman have four husbands, asks Kerala HC judge
9 years ago

Why can't a Muslim woman have four husbands, asks Kerala HC judge

India TV News  

Kozhikode: A Kerala High Court judge sparked off a debate on Sunday when he put forth a booming question – ‘Why can't a Muslim woman have four husbands but a Muslim man can have four wives?' Targeting the Muslim Personal Law for discriminating against women in matters of inheritance, dowry and divorce, judge Parsha stated that the bias against women …

Rights of Muslim women against arbitrary divorce not addressed, says SC
9 years, 4 months ago

Rights of Muslim women against arbitrary divorce not addressed, says SC

Firstpost  

The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. New Delhi: The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. Expressing concern on the issue of “gender discrimination… …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

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