#Husband Wife Dispute in India

[famoustantrik]

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In its verdict, the court said that the wife had contributed equally towards acquiring family assets by doing domestic chores. It said that the "contribution made by either the husband by earning or the wife by serving and looking after the family and children" would mean that "both are entitled equally to whatever they earned by their joint effort". It did not matter in whose name the property was bought - the spouse who looked and cared after the family would be entitled to an equal share in them. The court also held that the woman's domestic labour contributed indirectly to earning the money that enabled the purchase of the assets and that her work allowed the husband to be gainfully employed.

The wife works for 24 hours in various roles, including that of a chef, a "home doctor" and a "home economist", the court said. In the absence of the homemaker's duties, the husband would have to pay for the services these roles provided.

Women's rights lawyer Flavia Agnes called it a "very positive judgement because it recognises women's domestic labour". Malavika Rajkotia, a family and property lawyer, said the verdict was "a very important milestone", one that women had been "trying to evolve and plead in their various cases".

"This is, for the first time, a meaningful recognition of the homemaker's right." So the hope is that the judgement could have a positive impact in future.

[dhaaruni]

Ask people the reasons for women’s troubles in India, and they point to a cluster of patriarchal norms. The fact that, after marriage, a wife tends to move in with her husband’s family corrodes her support system and discourages parents from investing in daughters as opposed to sons. Women are often urged not to work, and their absence of an income deprives them of bargaining power within the household. And divorce, though legally recognized, is still treated like a blight on a family’s honor, tainting the marriage prospects of the divorcée, her siblings, and her children. Even if women escape abusive relationships, a lack of professional training can make it hard for them to live alone.

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Validity Of Triple Talaq

A divorce is the legal separation of a married couple. Consequently, the divorce process is challenging for all parties involved, including the divorced spouses. As the urdu word for divorce, talaq refers to the practice of divorcing one's spouse three times in a single sitting, also known as Triple Talaq. If a woman is not menstruating or in a state of chastity, she is deemed innovative (or evil) (tuhr). 

Read Supreme Court Judgements

Talaq is a controversial topic in Muslim personal law, which the author investigates in light of recent events. To end this discriminatory practice, a legitimate reading is given to Articles 14, 15, and 21. The researcher also sought to provide a worldwide perspective on the Quran-based practice of Triple Talaq. Shayara Bano v. Union of India and Others found triple talaq to be unlawful. 

The purpose of this study is to provide a critical evaluation of the 'Triple Talaq' dispute. It is believed that this will educate law students about the divorce norms of Muslim personal law.

Analysis

The majority of the source material for this study comes from secondary sources, such as papers, books, journals, committee reports, newspaper stories, statutory provisions and norms of law, legal doctrines, regulatory authorities' published guidelines, etc.

In Islam, divorce is considered a necessary evil rather than a sin. Among all authorized actions, Talaq is the most abhorrent to God, according to a Hadith (professor's saying).

Talaq is an Arabic term that means "repudiation or untying" The second the word "Talaq" is uttered, the divorce procedure begins, and the wife is not need to be present. Talaq, as stated in Moonshee Buzloor Rahim v. Laleefutoon Nisa, is an arbitrary act perpetrated by the Muslim husband, who, according to Muslim Law, may divorce his wife at any moment, with or without cause. He need not be there with his wife in order to pronounce Talaq. Despite the fact that marriage is a civil contract that can be dissolved if neither party fulfills the contract's stated purpose, it is essential to respect and honor marriage, which should last as long as feasible. 

In Islam, "Talaq," or divorce at the request of the husband, has two meanings: "Talaq-al-sunnah" and "Talaq-e-biddat." Is 'Talaq al-sunnah' a version of 'Hasan', in which three proclamations are made during three successive 'Tuhrs' (periods of the wife's purity) and Talaq is irreversible after the final proclamation? In addition, there is the option of 'Ahsan,' which requires a single Talaq to be delivered during the wife's 'Tuhr,' or the time between her menstrual cycles, and that the divorce becomes final after three 'Tuhrs.'

Regarding divorce, the 'Talaq-e-biddat' or 'Triple Talaq' is regarded as an uncommon practice. It is considered one of the most immoral acts by Mohammedan jurists, and it is outlawed in the United States. According to Ameer Ali, in the second century of the Muhammadan era, the Omeyad Monarchs adopted Talaq-e-biddat. 

Triple Talaq occurs when the word 'Talaq' is uttered simultaneously, during the same meeting, or again during the same tuhr period.

In regards to divorce, Islam offers husband and wife equal rights because it views marriage as a civil contract. When the husband begins the divorce, it is known as "Talaq," when the wife initiates it (as was the case prior to the reforms of the Mussalman Law of Divorce), it is known as "Khula," and when both parties initiate it, it is known as "Mubaaraab." 

Scripture and Triple Talaq

Regarding the Quran and Triple Talaq, the Quran does not indicate that a single Triple Talaq consists of three Talaqs.

6 As stated in verses 229-230 of the Holy Quran, a maximum of two divorces is mandated to prevent erratic and sporadic separations and reunions. Reconciliation is conceivable after a second divorce, but a third divorce is irreversible until the woman marries another man and he divorces her.

Marrataan (twice) indicates repetition in this verse "Talaq' or to give a divorce, with the number of times it was pronounced being stated.

Talaq, Talaq, Talaq, or the "three Talaqs""

They are considered to be three when spoken or uttered. Instead of repeating the word "Talaq," "marrataan" means to issue a second Talaq. 

As Shams Prizada argues in his book "Triple Talaq in the Light of the Quran and Sunnah," the Arabic word "marrataan" never refers to a literal repetition of a sentence when it means "on a second occurrence following the first." Talaq-e-Bidat is considered the most immoral and ingenious kind of divorce because it opposes both the letter and spirit of the Quran and was forbidden by the Prophet Muhammad (PBUH).

In verse 230 of the Holy Quran, the husband is admonished not to damage marital connections if he has an outpouring of passion or rage. Al Ghazaalee once stated that divorce is acceptable in Islam only for valid reasons and in extreme cases of necessity, and not for the purpose of causing the wife grief or harassment.

In his book "Religion of Islam," Mohammed Ali stated, "The notion that a Muslim husband may divorce his wife based on his whims is a serious misunderstanding of the Islamic Institute of Divorce."

Although this is the current reality, the majority of Triple Talaq occurrences (reported) were the result of a spouse's violent outburst or trivial argument. Talaq-e-Bidat is the most unethical and artificial form of divorce in Islam, as it violates the Quran and is forbidden by the Prophet (PBUH). Consequently, in light of Quranic scriptures, it is essential that Triple Talaq is not regarded as a valid component of Muslim Personal Laws, as it contradicts the clear commands of the Holy Quran.

Judicial Pronouncements

After decades of protests by Muslim women, the Islamic tradition of Muslim men immediately divorcing their wives has been ruled illegal and null and void. The Supreme Court was petitioned by seven victims and a women's group. Particularly male religious officials have fought progressive Muslim women's efforts to end the practice of forcing men to divorce their wives.

According to activists, a lack of fundamental awareness among India's Muslim community has made it harder for women to organize legal and social campaigns challenging this practice. In the event of an immediate Triple Talaq, attempts to restore the marriage are impossible and will never occur, leaving the divorced woman to fend for herself. 

As of the date the declaration was presented, may the fact that a husband filed for divorce without alerting his wife in writing constitute grounds for divorce? In the other case, Shamim Arsa v. Uttar Pradesh, this question arose. According to the judge's decision, a husband's written divorce declaration does not constitute Talaq; therefore, it cannot be declared that Talaq takes effect when his spouse makes the written statement of divorce public. The judge observed in her dicta that no ancient Muslim holy book or scripture bears a reference to a form of divorce sanctioned by the High Court and the Family Court. 

No affidavit or pleading has been brought to our knowledge that specifies that the date the woman learns from the copy of the husband's affidavit or pleading that he has already divorced her on an indeterminate or specified date would be deemed the date of the effective divorce."

On the contentious topic of Triple Talaq, the Allahabad High Court, which oversees issues regarding Muslim personal law and is home to nearly 19 percent of India's Muslim population, has decided strongly in favor of Muslim women.

In October 2015, a Supreme Court panel examining a case involving the Hindu Succession Act requested the formation of a separate court to investigate whether Muslim women face gender discrimination in divorce procedures. A lawyer, Mukul Rohatgi, was hired to assist with legal objections to the legality of triple talaq. The administration's opposition to triple talaq has been vocal.

In May of 2017, a Constitutional Bench of five judges was constituted to review the matter. The court contacted the All-India Muslim Personal Law Board (AIMPLB) to see if they would let women to reject Triple Talaq. 

In another case, Masroor Ahmed v. State, the so-called customary law situation of Muslim women is deemed offensive. Consequently, all Muslim women's organizations have criticised customary law for allegedly violating their human rights. They want Shariah (Islamic personal law) to be applied to them as well. Upon the establishment of Muslim Personal Law, they will attain their rightful position. If this measure is passed, it will have a hugely positive impact on society by clearly establishing the rights and responsibilities of the public."

As evidenced by these words, Indian judges no longer surrender their sense of justice to the whims of Islamic clerics and political correctness. Due to the AIMPLB's concerns claiming the practice dated back 1,400 years, the court determined the practice to be unconstitutional in August 2017.

Thus, it must be determined that the Supreme Court of India's ruling in Shayaro Bano v. Union of India violates Article 14 of the Indian Constitution. Because the 1937 Act recognizes and enforces Triple Talaq, it falls under the description of "laws in operation" as stipulated in article 13. Therefore, it must be repealed because it is invalid for recognizing and executing Triple Talaq. The learned Attorney General and those who supported him argued that Section 2 of the Muslim Personal Law Act of 1937 discriminated against non-Muslims in these situations. However, we see no basis to reiterate this judgment because it has already been deemed arbitrary. 

Conclusion

By virtue of the practice of triple Talaq, Muslim males can divorce their wives without their agreement. This discriminatory practice deprives women of economic security, legal protection, and social support. They are guaranteed equality and a fair standard of living under Articles 14 and 21, respectively.

In A.S. Parveen Akthar v. Union of India, the Supreme Court of India upheld the legitimacy of Triple Talaq, dealing a serious blow to fundamental liberties. Individuals have a constitutional right to privacy, as outlined in Articles 14, 15, and 21, and this clearly falls short. Equal opportunity is a pillar of the democratic system in India.

Equal opportunity is, according to the Supreme Court, a fundamental tenet of the Constitution. Article 15(1) of the Indian Constitution bans state discrimination based on religion, race, gender, or any combination thereof. Article 15 is violated by this form of talaq since it discriminates against women based on their religion and sexual orientation. Article 21 of the Constitution states that a person's right to life and liberty may only be denied by law. The Triple Talaq jeopardizes the validity of Article 21 by deviating from the customary divorce arrangement.

In response to the Supreme Court's momentous decision invalidating the centuries-old practice of Triple Talaq, the government has begun steps to criminalize it. The Rajya Sabha of India is still discussing a bill that was passed by the lower house but has not yet been adopted by the upper house because it criminalizes divorce even if the wife is not evicted or separated from her husband.

Following the unexpected judgment by the Supreme Court to outlaw the centuries-old practice of Triple Talaq, the government has begun steps to criminalize this practice. The lower house of India's parliament has passed the Talaq-e-biddat law, however the upper house has not yet confirmed it due to concerns regarding some of the ideas.

The constitution authorizes states to adopt measures to improve the position of women. India has ratified a number of international conventions and protocols designed to promote gender equality in society. The Convention on the Elimination of All Forms of Discrimination Against Women has been ratified by India (CEDAW).

The Convention on the Elimination of All Forms of Discrimination against Women prohibits triple talaq (CEDAW). To comply with the Convention on the Elimination of All Forms of Discrimination Against Women, India must pass legislation safeguarding Muslim women from unintended divorce and guaranteeing them the same rights as men.

There is an urgent need for comprehensive, directive-compliant legislation. Due to the progressive nature of Islamic law, it may serve as the basis for a uniform civil code. While the Quran states that men and women are equal, traditional Muslim society has limited this to its own level and enacted a number of rules restricting the rights of women.

Despite advancements in other nations, the ULEMA acknowledges that women have not yet achieved full equality. If the state adopts a Uniform Civil Code, this disparity could be corrected for Muslim women. When the Talaq legislation is repealed, all members of the community will have equal access to justice and be treated equally.

[famoustantrik]

THE BEST 4 MANTRAS TO RESOLVE HUSBAND-WIFE PROBLEMS

Do you wish to have a happy marital life? Are you struggling to resolve conflicts between you and your partner? If yes, then you are on the right page as we are going to mention here the power of mantras in making a relationship better. Apart from open communication and marriage counselling, reciting particular mantras can also aid in the betterment of your marriage.

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How to Stop Husband-Wife Dispute By the Parvati Mantra?

The husband-wife relationship is one of the most pleasant and beautiful relationships. It is a kind of relationship which depends on trust, affection and passion. Just like other relationships, sudden disputes can occur in a marital relationship too. But how can you understand that your relationship is in trouble? The primary sign of a husband-wife dispute in Kolkata is feeling your husband is out of control.

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