But other aspects like inheritance, custody of children etc. Shamsoonnissa Begum, the privy council observed that wherin the husband disposed of the property of her wife and confined her to a room as if she was in a jai. Ghulam Mustafa, has observed that an unwilling wife cannot be compelled to live along with her husband. The cancellation, abolition, revocation, annulment. A marriage, contracted without witnesses, is not void but is considered irregular.
Regarding cruelty of conduct the general test should apply, since the conduct that is cruel for one woman can not be civilized enough for another just because of the religion of the parties. She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure. By Divorce A Husband may divorce in the following manner- a. Moreover, there was opposition to a codified law for all Muslims from certain quarters who were benefiting from the customary practices. In view of the changing times, divorce laws are being substantially modified and liberalized. Prophet Mohammad restrained the power of divorce and gave to the women the right of obtaining the separation on reasonable grounds. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez delegation. C [Criminal Procedure Code sec. The Quran permits divorce partly because of some countenance to the customs and partly to enable men get rid of an odious union. However, according to Shia law, the presence of witnesses is not necessary in any matter. There is no prescribed form for proposal and acceptance. Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other, is ultimately a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse. Thus, the first attempts at enacting a uniform Muslim Personal Law was rendered unsuccessful. On top of all these is the prevalence of customary laws, which the community has been following as a matter of tradition. Husbands and wives vow for each other, yet there have been innumerable cases of betrayals by the spouses. In case of Abdul Azeem v. The rest is history Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. You will love meeting other Arab singles in our fun, safe, and friendly community! The complexity of modern society and its possible consequences such as fast changing socio economic conditions, the disintegration of the joint family structure, the rapid development of industrialization and urbanization, education and employment and laws giving equal status and rights to women, led a tremendous impact on the institution of marriage. It is clear that to constitute cruelty it is not necessary that there should be actual violence or a reasonable apprehension of it. Different courts interpreted the law differently and some women even continued to take resort to the Cr. This movement got a fillip recently with the fatwa against Imrana. Iranian Women at Iranian Chat Room Please bear in mind that you should respect the privacy of Persian women at our chat rooms. The court granted divorce to the neglected wife. It depends on various factors like health, environment, education, economic and social backgroung. It also brings home the fact that Muslims in India, post-Independence, have not made any serious attempt to codify diverse practices of its different schools of thought and jurisprudence.
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