The civil law of Islam is not codified. In accordance with Muslim law, a marriage is a civil union, and there is no required religious ritual. The bride and the husband sign the Nikah, an Arabic term meaning “contract,” which is the marriage contract. Marriage is expressly referred to in the Quran as mithaqun Ghalithun, …
Marriage is a sacred bond in Islam, signifying a union based on love, compassion, and understanding between two individuals. However, in certain circumstances, couples may face challenges and decide to part ways through divorce. In Muslim law, the process of divorce is well-defined, and it allows for reconciliation during the waiting period known as ‘iddah.’ …
Can someone remarry the same spouse after divorce in Muslim Law Read More »
In India, marriages are primarily governed by personal laws based on religious customs and traditions. As of my knowledge, as of September 2021, a marriage solemnized under the Special Marriage Act, 1954, or religious ceremonies recognized by personal laws are considered legally valid. However, it’s important to note that laws can change over time, so …
The muslim law acknowledged the right of the women to demand the dissolution of marriage, the High Court of Kerala had ruled that the will of the husband and the will of the wife cannot be the same if any one of them either the husband o the wife does not want to give divorce. …
Muslim Women Right to Demand Divorce from Husband Read More »
Despite service of summons, on the date of hearing only plaintiff does and defendant does not appear in the court to hear the suit, hence court passes ex-parte decree against the defendant. The legal validity of such a decree is similar to any bi-party decree. Code of Civil Procedure 1908, analyses various provisions of ex-parte …
If there is any willful disobedience to any judgement, decree, order, writ or any other process by any Party court shall take cognizance of such violation and punishment shall be announced . The willful disobedience undermines the dignity of the court. 3 months civil prison for non payment of maintenance: In a landmark case, the …
Contempt of Court over Non-Payment of Maintenance to Wife Read More »
The parties who are going for the mutual consent divorce before filing the petition the couple must be living separately for at least the period of one year or more than one year, after the filing the mutual consent divorce, the two motion are passed that is first motion and the second motion, between the …
Wife can claim maintenance from the husband even without divorce and in case the husband denies, the wife can claim maintenance under different acts: Hindu Marriage Act, Domestic Violence Act, Criminal Procedure Code. Section 37 of Divorce Act 1869 states that the District Court is empowered to order the husband to pay a reasonable amount …
Section 14 of the Hindu Marriage Act, 1955 was thus enacted and it says that no couple can file for divorce within the year of marriage to cope with any poor decision, as per the Hindu marriage act divorce has certain grounds that need to be satisfied to file for the divorce, If you have …
A uniform civil code is said to be one nation code that exists uniformly or is applicable to the entire country, it signifies that all the segments of the country such as religion, society, etc shall be considered equal in the entire country as per this code, this code also deal in marriage, divorce, support, …
Uniform Civil Code and its effect on the Marriage in India Read More »
