All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
2 years, 2 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 divorce given. 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 divorce given to Muslim women without following the due procedure of conciliation in the presence of a witness be declared as null and void respectively.

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History of this topic

Mumbai woman files case against husband for harassment over dowry, triple talaq
6 days, 23 hours ago

Mumbai woman files case against husband for harassment over dowry, triple talaq

Hindustan Times  

A woman has accused her husband and in-laws of harassment over dowry demands and being divorced via triple talaq on a video call. During a video chat, a lady accused her husband and in-laws of harassing her over requests for money and the triple talaq divorce. Mumbai police have registered a case against a man working in the United Kingdom …

Triple Talaq via video call: Mumbai Police investigate dowry harassment case against husband and in-laws
Trending News
1 week ago

Triple Talaq via video call: Mumbai Police investigate dowry harassment case against husband and in-laws

Op India  

A woman has accused her husband and in-laws of harassment over dowry demands and being divorced via triple talaq on a video call. Mumbai police have registered a case against a man working in the United Kingdom and his parents for allegedly harassing his wife over dowry and divorcing her through triple talaq on a video call. The victim, a …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
2 weeks, 5 days ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington
2 weeks, 6 days ago

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington

The Hindu  

The Madras High Court has restrained an American citizen from proceeding with a divorce case filed by her before the King County Superior Court in Washington, United States, and also from initiating any kind of legal proceedings related to her marriage before the courts in Singapore. The alleged adulterer was also made one of the respondents to the divorce petition …

‘You are not Muslim’: UP man gives ‘triple talaq’ to wife for supporting police action in Sambhal
Trending News
1 month ago

‘You are not Muslim’: UP man gives ‘triple talaq’ to wife for supporting police action in Sambhal

Live Mint  

A woman from Moradabad in Uttar Pradesh is making headlines after her husband gave her ‘triple talaq’ for supporting police action following Sambhal violence. The woman has alleged that while she was watching a video linked to the recent Sambhal violence, her support for police action infuriated her husband Ejazul. After this, Nida filed a police complaint against her husband …

UP woman backs police action in violence-hit Sambhal, husband gives triple talaq
1 month ago

UP woman backs police action in violence-hit Sambhal, husband gives triple talaq

India Today  

A woman in Uttar Pradesh's Moradabad was allegedly given triple talaq by her husband for speaking in support of the police during the November 24 violence in Sambhal which claimed the lives of four people, police said on Sunday. The woman, Nida, claimed that her husband called her a 'kaafir' when she suggested that the police personnel had the right …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
1 month, 4 weeks ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court
2 months, 2 weeks ago

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court

Live Law  

The Madras High Court has ruled that when a Muslim wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage is validly dissolved. The court observed that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
2 months, 2 weeks ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
2 months, 3 weeks ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
3 months, 4 weeks 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 …

Centre defends law on triple talaq in SC, says practice ‘fatal’ to institution of marriage
4 months, 3 weeks ago

Centre defends law on triple talaq in SC, says practice ‘fatal’ to institution of marriage

Hindustan Times  

The Centre has defended its 2019 law against triple talaq by telling the Supreme Court that the practice is “fatal” to the institution of marriage. In an affidavit filed in response to petitions challenging the law, the Centre has said that despite the Supreme Court setting aside the practice in 2017, it has “not worked as a sufficient deterrent in …

Centre files affidavit in Supreme Court, defends criminalising instant triple talaq law
4 months, 3 weeks ago

Centre files affidavit in Supreme Court, defends criminalising instant triple talaq law

India TV News  

The Central government on Monday filed an affidavit in the Supreme Court defending its 2019 law criminalising instant triple talaq and said that the 2019 Act helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment. The Centre in the affidavit further added …

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

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen
5 months, 2 weeks ago

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen

Live Law  

The Kerala High Court has quashed a complaint filed under the Muslim Women Act by a woman with Malaysian citizenship. Section 2 of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. Justice A. Badharudeen observed: “Reading the above decision, the term 'residence' is generally …

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost
5 months, 3 weeks 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 …

Muslim board to explore ways to overturn Supreme Court’s alimony verdict
5 months, 3 weeks ago

Muslim board to explore ways to overturn Supreme Court’s alimony verdict

The Hindu  

The All India Muslim Personal Law Board on July 14 asserted that the Supreme Court verdict on maintenance to Muslim women was against Islamic law and authorised its president to explore all possible measures to ensure that this decision is overturned. After a meeting of its working committee in New Delhi, the board adopted a resolution which stated that the …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
5 months, 3 weeks 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 Supreme Court verdict on maintenance to Muslim divorced women
5 months, 4 weeks ago

AIMPLB may challenge Supreme Court verdict on maintenance to Muslim divorced women

India TV News  

The All India Muslim Personal Law Board is preparing to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of 'Iddat', an AIMPLB member said. The AIMPLB's position is rooted in the belief that the order contradicts Islamic Shariat law, which stipulates that a husband is obligated to pay maintenance …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
5 months, 4 weeks 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 …

Letters to The Editor — July 12, 2024
5 months, 4 weeks ago

Letters to The Editor — July 12, 2024

The Hindu  

Court on maintenance The Supreme Court of India’s verdict will truly empower them financially and socially. This is yet another landmark judgment by the apex Court after Mary Roy vs The State Of Kerala that gave equal rights to Syrian Christian women as their male siblings in matters of inheritance. Joseph, Ettumanoor, Kottayam, Kerala The Court ruling is not only …

Muslim women’s alimony right meets the moment
6 months 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 …

BJP lauds Supreme Court verdict on maintenance for divorced Muslim women under secular law
6 months ago

BJP lauds Supreme Court verdict on maintenance for divorced Muslim women under secular law

The Hindu  

The BJP on July 10 praised the Supreme Court verdict which declared that a divorced Muslim woman was entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code. Addressing a presser at the BJP’s national headquarters in New Delhi, party spokesperson Sudhanshu Trivedi said the verdict had “ended” a threat to the Constitution by the …

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

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges
6 months ago

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges

Live Law  

The petitions seeking review of the judgment refusing to recognize same-sex marriages are listed in the Supreme Court on July 10. Notably, the review petitions will be considered by a new bench composition since two judges of the 5-judge bench which delivered the judgment- Justices Sanjay Kishan Kaul and S Ravindra Bhat- have since retired.Justices Sanjiv Khanna and BV Nagarathna …

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts
8 months, 3 weeks ago

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts

Live Law  

A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts. The Court in UAE granted divorce without giving an opportunity of hearing to the petitioner and gave joint custody to the parties without considering …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
9 months ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law
9 months, 3 weeks ago

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law

Live Law  

The Supreme Court transferred to itself the pending PIL before the Allahabad High Court challenging the validity of the Muslim Personal Application Act, 1937, and seeking a declaration that Section 494 IPC is ultra vires to the Constitution of India. In March last year, the High Court Bench of Justices Devendra Kumar Upadhyaya and Subhash Vidyarthi issued a notice to …

Delhi High Court hears plea against conditions on married women using maiden surname
10 months, 1 week ago

Delhi High Court hears plea against conditions on married women using maiden surname

India Today  

The Delhi High Court has issued a notice on a plea challenging the government's notification for obtaining a maiden surname by a woman post-marriage. The plea, filed by Divya Modi, alleged the notification imposed gender bias and "impermissible discrimination" by imposing additional and disproportionate requisites exclusively on women. "This notification poses an obstacle to the Petitioner's right to change her …

Practice and law: debating aspects of the Muslim personal law
10 months, 1 week ago

Practice and law: debating aspects of the Muslim personal law

The Hindu  

Last week, the Assam Government quietly repealed the Assam Muslim Marriages and Divorces Registration Act, 1935. The decision was widely criticised in political circles, but the fact remains that the Muslim personal law, and inevitably, Muslim marriage, divorce, maintenance and inheritance, have been in the public eye in recent years. They have all been the subject of study for academics …

Supreme Court Tags Petition Challenging Criminalisation Of Triple Talaq With Pending Petitions
10 months, 3 weeks ago

Supreme Court Tags Petition Challenging Criminalisation Of Triple Talaq With Pending Petitions

Live Law  

The Supreme Court on Friday tagged a fresh petition challenging the criminalisation of Triple Talaq along with the petitions already pending before the Court on the same issue. Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, …

Delhi High Court Summons ANI In Defamation Suit For Carrying Interview Allegedly Making False Triple Talaq Accusation Against Muslim Man
10 months, 4 weeks ago

Delhi High Court Summons ANI In Defamation Suit For Carrying Interview Allegedly Making False Triple Talaq Accusation Against Muslim Man

Live Law  

The Delhi High Court today summoned Asia News International in a defamation lawsuit filed by a Muslim man questioning an interview aired by the agency in which his wife allegedly made false claims that she was subjected to Triple Talaq for not bearing a male child. In January 2021, ANI published a story and a video interview featuring the woman, …

Supreme Court Dismisses Plea Against Enforcing No-Fault Divorces Granted by UAE Courts In India
11 months, 1 week ago

Supreme Court Dismisses Plea Against Enforcing No-Fault Divorces Granted by UAE Courts In India

Live Law  

The Supreme Court recently dismissed a Writ petition challenging the implementation of no-fault divorces granted by courts in the United Arab Emirates. It reads as: “Divorce by unilateral will: It suffices for a divorce to be sought end take place that either spouse expresses before the court his/her wish to separate and not continue with the marital relationship, without the …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
11 months, 3 weeks ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

Divorced Muslim Woman Need Not Obtain Court Order to Record Talaq: Kerala HC
11 months, 3 weeks ago

Divorced Muslim Woman Need Not Obtain Court Order to Record Talaq: Kerala HC

News 18  

The Kerala High Court recently ruled that a Registrar for Births, Deaths, and Marriages can record a divorce obtained through talaq under Muslim personal law without insisting on a court order. A bench of Justice PV Kunhikrishnan said that a divorced Muslim woman need not be sent to a court of law for recording the talaq if it is otherwise …

Muslim women need no legal order to register for divorce given following personal law: Kerala High Court
11 months, 3 weeks ago

Muslim women need no legal order to register for divorce given following personal law: Kerala High Court

Op India  

The Kerala High Court has held that a Registrar for Births, Deaths, and Marriages does not require a court order to record a divorce acquired by talaq under Muslim personal law. According to Justice PV Kunhikrishnan, if the divorce is otherwise in order under personal law, a Muslim woman does not need to go to court to record talaq; instead, …

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

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 4 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Muslim Law Board’s stand sought on nikah halala
1 year, 4 months ago

Muslim Law Board’s stand sought on nikah halala

The Hindu  

August 25, 2023 06:30 pm | Updated 11:29 pm IST - NEW DELHI The Law Commission has asked the All India Muslim Personal Law Board to unambiguously state its position on nikah halala and muta, two controversial forms of marriage. These questions assume significance as petitions against nikah halala and muta have been filed in the Supreme Court by several …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 8 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Muslim women’s forum demands change in personal law
1 year, 9 months ago

Muslim women’s forum demands change in personal law

The Hindu  

The Forum for Muslim Women’s Gender Justice has demanded the State and Central governments consider gender inequality and violation of constitutional rights of Muslim women in the Indian Muslim Personal Law and support the rights of Muslim women in connection with the Special Leave Petition that has already been filed in the Supreme Court in 2016. ‘Uyirppu 2023’, a State-level …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
1 year, 11 months ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

Only Family Courts can issue Khula divorce certificates to Muslim women, Madras High Court rules
1 year, 11 months ago

Only Family Courts can issue Khula divorce certificates to Muslim women, Madras High Court rules

The Hindu  

Muslim women can approach only Family Courts and not self-declared private bodies such as a Shariat council consisting of a few members of a Jamaath, in order to seek a Khula, the Madras High Court has held. Though the writ petition against the Khula certificate was pending in the High Court since 2019, the petitioner’s wife chose to remain absent …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 2 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

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

Jaipur woman accuses husband of giving her triple talaq over birth of daughter
2 years, 2 months ago

Jaipur woman accuses husband of giving her triple talaq over birth of daughter

India Today  

A Muslim woman was allegedly given triple talaq by her husband for giving birth to a girl in Rajasthan’s Jaipur. The woman, Sananaaz, has accused her husband, Amanullah, of giving her triple talaq after she gave birth to their daughter. "I was given instant triple Talaq by my husband because I gave birth to a girl. But once again, I …

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

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