#Triple Talaq

[freelawbydjure]

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.

[rightnewshindi]

मुस्लिम महिला को सीएम योगी और पीएम मोदी की तारीफ करना पड़ा भारी, पति ने दिया तीन तलाक

Uttar Pradesh News: उत्तर प्रदेश के अयोध्या जिले से एक हैरतअंगेज मामला आया है। यहां एक मुस्लिम महिला को प्रधानमंत्री नरेंद्र मोदी और उत्तर प्रदेश के मुख्यमंत्री योगी आदित्यनाथ की तारीफ करने के कारण उसके पति ने जलाने की कोशिश की और तीन तलाक दे दिया। बहराइच की निवासी मरियम का निकाह अयोध्या के दरवाजा निवासी अरशद के साथ दिसंबर 2023 में हुआ था। दोनों खुशी से साथ रह रहे थे और सब कुछ ठीक चल रहा था।…

[hindinewsmanch]

Bulandshahr News: कानून बनने के बाद भी नहीं थम रहे तीन तलाक के मामले: दहेज के लिए महिला को तीन तलाक देकर घर से निकाला

Bulandshahr News: महिलाओं के सशक्तिकरण के लिए केंद्र सरकार ने तीन तलाक को कानून बना कर समाप्त कर दिया था । लेकिन आज भी कुछ ऐसे लोग हैं जो इस गलत प्रथा पर चल रहे हैं। ऐसा ही एक मामला बुलंदशहर के नगर क्षेत्र से सामने आया है। पीड़ित महिला ने बताया कि पहले उसके साथ ससुराल में दुर्व्यवहार किया गया फिर उसे तीन तलाक देकर छोड़ दिया गया।

पति ने दिया तीन तलाक

बुलंदशहर के नगर इलाके की रहने वाली एक पीड़िता ने बताया कि 2021 में उसकी शादी हुई थी। शादी बुलंदशहर के खुर्जा के नगर इलाके में हुई  थी। शादी में लगभग 10 लख रुपए खर्च कर कर दान दहेज दिया गया। सभी रीति रिवाज के साथ उसकी शादी की गई थी लेकिन शादी के कुछ दिन तक तो सब ठीक चला उसके बाद ससुराल वाले उसका उत्पीड़न करने लगे। दरअसल 10 लाख खर्च करने के बाद भी अतिरिक्त दहेज की मांग की जा रही थी।

[shaktiknowledgeblog]

triple talaq | triple talaq act | Aligarh News | UP news | Triple Talaq News

Father-in-law used to keep a dirty eye on daughter-in-law, the wife complained to her husband and gave triple talaq Triple Talaq News: A case of triple talaq has come to the fore in Aligarh, UP. After the matter came to light, a case has been registered against the mother-in-law and husband on the complaint of the victim. The police are currently engaged in the investigation of the case. A case…

[indizombie]

The birth of the 21st century unleashed the onslaught of neo-liberal economic policies and the religious fundamentalist insurgence changed our concept of nation, nationalism, and politics. The Hindutva politics of cultural nationalism and its violent disposition toward indigenous and minority sections in this country provoked us to ask “Who sings the nation?” (Spivak) and “Whose imagined community?” (Partha Chatterjee). The issues such as the Babri Masjid case, Muthalaq case, Uniform Civil Code, the CAA, anti-conversion laws, and attacks on Dalit/Tribal Christians so and so forth have unveiled the wretched status of minorities in this country. Realizing that Muslims are hard to nationalize/ Hinduise, Christians are now targeted to be  integrated into the pan-Indian Hindu cultural identity. Recently, some of the church leaders are satiated through frequent visits and political offers by the communal forces, and of course, few of them have already preyed on it due to the issues connected with foreign funds or any other personal issues of corruption. However, Christians should not forget the ideological position of Hindutva as it renders Christians, Muslims, and Communists internal threats to the Indian Nation.

Fr. Dr. Y.T Vinayaraj, director, Christian Institute for the Study of Religion and Society (CISRS)

[sohanbir]

Triple Talaq why not in Pak,Egypt?- PM Modi

Prime Minister Narendra Modi on Tuesday (June 27) reacted to the Uniform Civil Code (UCC) and the opposition meeting for the first time. PM Modi had come to participate in the 'Mera booth, strongest' program organized in Bhopal, Madhya Pradesh. Here he spoke on many issues while addressing the BJP workers. During this, BJP National President JP Nadda and Chief Minister Shivraj Singh Chouhan were present with him. Let us tell you the big things of PM's address. >PM Modi said that the land of Madhya Pradesh has played a big role in making BJP the biggest political party. Today I have got the opportunity to flag off 5 Vande Bharat trains connecting 6 states of the country. I congratulate the people of Madhya Pradesh, Jharkhand, Bihar, Karnataka, Goa and Maharashtra for the connectivity of this modern Vande Bharat train.

>He said that the biggest strength of BJP is all of you workers. You are not only BJP, you are not only a party, you are also strong soldiers for the accomplishment of the country's resolutions. For every worker of BJP, the interest of the country is paramount, the country is bigger than the party. On the completion of 9 years of the central government, information about the programs being organized across the country and the hard work you people (workers) are doing in it is continuously reaching me. Even when I was in America and Egypt, I used to get continuous information about your efforts. It is more pleasant for me to meet you people after returning from there, it is enjoyable. >The PM said that today I am addressing 10 lakh workers working at the booth together. Perhaps in the history of any political party, such a big programme would never have been organized at the grass root level in a systematic way, as big as it is happening here today. Hunger in the heart of the worker to do extra work. This is a great power. India will develope only when the villagea will develope. For this, even small efforts can show a big impact like- how to make our village green, how to increase solar, how to inculcate the habit of solar energy. How to receive help from banks. >The Prime Minister said that BJP workers should think that no child will drop out in my booth. Be it son or daughter, everyone will be cent percent educated. This service will also take place and BJP's work will also be completed. BJP workers are not one of those who sit in aircondition rooms and run parties and issue fatwas. We are the people who go from village to village and spend ourselves among the public in every weather and every situation. He said that the major strength of BJP is all of you workers. > You are not only BJP, you are not only a party, you are also strong soldiers for the accomplishment of the country's resolutions. For every member of BJP, the interest of the country is supreme, the country is bigger than the party. On the completion of 9 years of the central government, information about the programs being organized across the country and the hard work you people (workers) are doing in it is continuously reaching me. Even when I was in America and Egypt, I used to get continuous information about your hard work. It is more pleasing for me to meet you people after come back from there, it is pleasant. >The PM said that today I am addressing 10 lakh workers working at the booth together. Perhaps in the history of any political party, such a big programme would never have been organized at the grass root level in a systematic way, as big as it is happening here today. Hunger in the heart of the worker to do extra work. This is a great power. India will develope only when the villagea will develope. For this, even small efforts can show a big impact like- how to make our village green, how to increase solar, how to inculcate the habit of solar energy. How to receive help from banks. >The Prime Minister said that BJP workers should think that no child will drop out in my booth. Be it son or daughter, everyone will be cent percent educated. This service will also take place and BJP's work will also be completed. BJP workers are not one of those who sit in aircondition rooms and run parties and issue fatwas. We are the people who go from village to village and spend ourselves among the public in every weather and every situation. >The PM said that some people survive only for their own party, want to do fine to the party and they do all this because of sharing of corruption, commission, cut money. The path he has chosen does not require much effort and this is the path of appeasement. On one hand, there are such people who make small clans stand against others for their selfishness by doing appeasement and on the other hand we are the people of BJP. Our rites are different, our resolutions are big and our priority is the country before the party. >On the issue of triple talaq, he said that whoever talks in favor of triple talaq, whoever advocates it. Those people who are hungry for vote not doing justice to Muslim daughters. Triple talaq does not only do injustice to the daughters, the entire family gets destroyed. If triple talaq is an essential part of Islam, then why was it banned in countries like Pakistan, Qatar, Jordan, Indonesia. The Muslim brothers and sisters of India have to know that which political parties are taking political benefit of them by provoking them. >Referring to the UCC, the PM said that we are seeing that work is being done to inflame such people in the name of Uniform Civil Code. If there is one law for one member in a house and another for the other, will the house be able to run? So how will the country be able to run with such a dual system? How can the country run on 02 laws? Even in the Constitution of India, it has been said about equal rights of the citizens. The Supreme Court has again and again said to bring Uniform Civil Code, but these people are starving for vote bank. Those who do vote bank politics have exploited Pasmanda Muslims, but they were never discussed. Even today they do not get equal rights. >On the meeting of the opposition parties, the PM said that the parties which are fiercely opposed to the BJP. Be it 2014 or 2019, in both the elections, there was not as much panic as it is seen today. Those whom some people used to call their enemies earlier, used to abuse after drinking water, today they are prostrating in front of them. His restlessness shows that the people of the country have made up their mind to bring back the BJP in the 2024 elections. Once again in 2024, a landslide victory of the BJP is certain, that is why all the opposition parties are in a panic. >The PM said that nowadays a new word is becoming very popular – that word is guarantee, it is the guarantee of something of the opposition party. . This is a guarantee of corruption, of scams worth lakhs of crores. A few days ago, a 'photo op' program was organized by them, if they put together their total, then all of them together are a guarantee of a scam of Rs 20 lakh crore. Congress alone has a scam value of lakhs crores. >Targeting the opposition parties, the PM said that today I also want to give a guarantee. If they (Opposition) have a guarantee of scam, then Modi also has a guarantee and I have a guarantee – guarantee of action against every scammer. Action is guaranteed on every thief-robber, who has looted the poor, looted the country, his account will always be settled. Today, when the bars of the jail are visible in front, then this jugalbandi of them is happening. Read the full article

[navinsamachar]

हल्द्वानी: परिवार की ही महिला से अवैध संबंध रखते हुए शौहर ने पत्नी को दे दिया तीन तलाक (Avaidh sambandh-Teen Talaq)

नवीन समाचार, हल्द्वानी, 3 जून 2023। हल्द्वानी शहर के वनभूलपुरा थाना क्षेत्र में तीन तलाक का नया मामला सामने आया है। आरोप है कि आरोपित ने दूसरी महिला से अवैध संबंध रखते हुए अपनी पत्नी को घर से निकाल दिया और एक झटके में तीन तलाक बोल दिया। पीड़ित की तहरीर पर पुलिस ने पीड़िता के शौहर सहित ससुरालियों के खिलाफ संबंधित धाराओं में मुकदमा दर्ज कर आगे की कार्रवाई शुरू कर दी है। (Avaidh sambandh-Teen…

[mybharatguru]

Muslims welcome the Waqf Board amendment brought by the central govt

Following triple talaq, most of the Muslims have welcomed the Waqf Board amendment brought by the central government. They also said that this amendment will ensure the progress of backward Muslims. The term waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law. Once a property is declared waqf in the country, it becomes irrevocable even by the…

[firuzkhanlawfirm]

"Shayara Bano v. Union of India" - The Triple Talaq Case.

www.firuzkhanlawfirm.in

[seemabhatnagar]

The present Criminal Appeal challenges the order passed by the Telangana High Court, upholding the interim maintenance order passed by the Family Court in favor of the Respondent-Wife, however, the amount of interim maintenance was reduced.

Mohd. Abdul Samad v. The State of Telangana

Crl Appeal 2842 of 2024

Before the Supreme Court of India

Heard by Hon'ble Madam Justice B V Nagarathna J and Hon'ble Mr. Justice Augustine George Masih J

Fact

The Appellant is the husband of Respondent No. 02, who entered into a matrimonial alliance with her on November 15, 2012. However, as their relationship deteriorated, Respondent No. 02 left the matrimonial home on April 9, 2016. Subsequently, Respondent No. 02 initiated criminal proceedings against the appellant by lodging an FIR in 2017 for offenses punishable under Sections 498A and 406 of the IPC.

In response, the appellant (husband) pronounced a triple talaq on September 25, 2017, and sought a declaration of divorce from the office of Quzath, which was eventually granted ex parte in September 2017.

The appellant attempted to send INR 15,000 as maintenance for the iddat (three months) period, which Respondent No. 02 refused to accept. Instead, she moved a petition for interim maintenance under Section 125(1) of the CrPC before the Family Court, which was consequently allowed in June 2023.

Legal Issue

Does the Muslim Women (Protection of Rights on Divorce) Act, 1986 take precedence over the General Law?

Points of Argument

Appellant’s argument

The Muslim Women (Protection of Rights on Divorce) Act, 1986 is a special law providing more comprehensive benefits than Section 125 CrPC, including provisions for mehr, dower, and return of property.

The Act, is a complete code, and it overrides Section 125 CrPC, since it includes lifelong maintenance provisions for divorced Muslim women.

It was also argued that special laws generally prevail over general laws, thus the Act should take precedence.

Sections 3 and 4 of the 1986 Act, empowers First Class Magistrates to decide matters of Maher (mandatory gift that the husband gives to his wife at the wedding) and subsistence allowances. 

The family courts lack jurisdiction as the Act mandates Magistrates to handle these issues.

The Respondent-wife didn't file an affidavit opting for CrPC provisions over the 1986 Act, as required by Section 5 of the Muslim Women Act, 1986.

The 1986 Act implicitly repealed Section 125 CrPC for Muslim women due to its specific provisions, thus barring them from seeking relief under Section 125 CrPC.

Argument by Amicus Curaie for the Respondent Wife

The 1986 Act only codifies Muslim personal law and does not negate the reliefs available under Section 125 CrPC.

He emphasized that the purpose of Section 125 is to provide quick relief to deserted or neglected women, irrespective of their religion.

Courts Observation

The Muslim Women (Protection of Rights on Divorce) Act 1986 does not bar the applicability of Section 125 CrPC, granting Muslim women the option to seek maintenance under either provision.

Order

The Criminal Appeal was dismissed. In their separate but concurring judgments, the Hon'ble Madam Justice B V Nagarathna J and Hon’ble Mr. Justice Augustine George Masih J have provided clear conclusions regarding the application of Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986 as well. A Muslim woman can choose both or either.

[rightnewshindi]

क्या तीन तलाक देना अपराध है? हिमाचल हाईकोर्ट ने दिया सवाल का जबाव; पुलिस द्वारा दर्ज FIR की रद्द

Himachal News: साल 2019 में मुस्लिम महिला विवाह अधिकार संरक्षण अधिनियम आया। इस अधिनियम के तहत तीन तलाक को अपराध माना गया था। ऐसे में कई बार ये सवाल सामने आया कि क्या इस अधिनियम के तहत सभी तरह के तलाक अपराधिक हैं? सोमवार को हिमाचल प्रदेश हाई कोर्ट ने एक मामले पर सुनवाई करते हुए इसका जवाब दिया है। कोर्ट से मुस्लिम व्यक्ति को राहत मिल गई है, हालांकि, एफआईआर नहीं रद्द की गई है। आइये जानते हैं कि…

[bharathjanta]

The Supreme Court has ruled that a Muslim woman, divorced through triple talaq, is entitled to seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC).

[legalwires]

SC: Muslim Women Can Seek Maintenance from Husband After Divorce

The Supreme Court has ruled in a case where a Muslim woman, who has been unlawfully divorced through the practice of triple talaq, has the right to seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC). The bench, consisting of Justices BV Nagarathna and Augustine George Masih, was deliberating on whether a Muslim woman could use Section 125 of the CrPC to…

[prashanthlawassociates]

Best Divorce Lawyers in Chennai - Attorneys | Advocates

What is Divorce under Indian law?

Divorce in Indian Law is the legal termination of marriage, regulated by statutes like the Hindu Marriage Act, Muslim Personal Law, and Special Marriage Act. It involves dissolving marital ties, addressing issues like custody and asset division through court proceedings, and allowing individuals to remarry afterward.

Types of Divorces

Mutual Consent Divorce : Both Spouses agree to end the marriage and settle terms mutually.

Consented Divorce :  One spouse seeks Divorce without the consent of the other, often based on grounds such as cruelty, adultery, or desertion.

Void and voidable Marriages : Void Marriages are considered invalid from the start. In contrast, voidable marriages are initially valid but can be annulled under specific circumstances such as fraud, impotence, or mental capacity.

Divorce Process in Chennai

The divorce process in Chennai follows the legal procedures outlined in the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on the Religion under which the marriage was solemnized. A general overview of the divorce process is listed below.

Consultation with a Lawyer

The first step is to consult with a divorce lawyer who can guide you through the process and provide legal advice based on your specific situation.

Grounds of Divorce

In India, there are several grounds on which a divorce can be sought, including adultery, cruelty, desertion, conversion to another religion, mental illness, and incurable diseases. You will need to establish one of these grounds to file for Divorce.

Filing a Petition

The next step is to file a divorce petition in the appropriate family court in Chennai. The petition should include details such as the grounds of Divorce, details of the marriage, and any other relevant information.

Service of Summons

After filing the petition, the court will issue a summons to the other party, informing them about the divorce proceedings and giving them an opportunity to respond.

Meditation/ Counseling

In some cases, the court refers the parties to mediation or counseling to try to reconcile their differences and settle the Divorce amicably.

Evidence and Arguments

During the court hearings, both parties will have the opportunity to present evidence and arguments in support of their case.

Judgments

After considering all the evidence and arguments presented, the court will issue a judgment granting or denying the Divorce.

Appeal

If either party is dissatisfied with the judgment, they have the right to appeal to a higher court within a specified time frame.

Final Decree

Once the judgment becomes final, the court issues a decree of Divorce, officially ending the marriage.

Indian Laws for Divorce based on the Religion

In India, divorce laws vary depending on the parties' Religion. Here is an overview of divorce laws for the major religions practiced in India.

Hindu Marriage Act, 1955

The Hindu Marriage Act governs divorce proceedings for Hindus, Buddhists, Sikhs, and Jains. It provides various grounds for Divorce, including adultery, cruelty, desertion, conversion to another religion, mental illness, and incurable diseases.

Both Husband and Wife can file for Divorce under this act.

Muslim Personal Law

Muslim divorce laws are governed by the Muslim Personal Law (Shariat) Application Act of 1937.

The husband can initiate Divorce Muslims through various methods, including Talaq (Divorce by husband's declaration), Khula (Divorce initiated by the wife), and Mubarak (mutual Divorce).

Triple talaq, a practice where a husband can divorce his wife by pronouncing "Talaq" three times in a single sitting, was declared unconstitutional by the Supreme Court of India in 2017.

Christian Divorce Laws

Christian divorce laws are primarily based on the Indian Divorce Act of 1869.

Grounds for Divorce under this act include adultery, cruelty, and desertion for two years or more.

Both husband and wife can file for Divorce under this act.

Parsi Marriage and Divorce Act, 1936

The Parsi Marriage and Divorce Act governs divorce laws for Parsis (Zoroastrians).

Grounds for Divorce include adultery, cruelty, desertion, conversion to another religion, and insanity.

Both husband and wife can file for Divorce under this act.

Special Marriage Act, 1954

The Special Marriage Act applies to marriages where either or both parties are not governed by their laws or where the marriage is between individuals of different religions.

Divorce under this act can be sought on grounds similar to those under the Hindu Marriage Act.

Both husband and wife can file for Divorce under this act.

Grounds for Divorce

Desertion

Desertion, as a ground for Divorce, refers to one spouse abandoning the other without consent and reasonable cause for a continuous period.

Cruelty

Cruelty, as a ground for Divorce, refers to any behavior by one spouse that causes mental or physical suffering, making it unbearable for the other spouse to continue living together.

Venereal Disease

Venereal disease, as a ground for Divorce, refers to the transmission of an infectious sexually transmitted disease from one spouse to the other after marriage.

Conversion

Conversion, as a ground for Divorce, occurs when one spouse converts to another religion, leading to a fundamental change in the nature of the marriage contract.

Presumption of Death

Presumption of death, as a ground for Divorce, arises when one spouse is not heard alive for seven years or more.

Mental Disorder

Mental disorder, as a ground for Divorce, refers to a spouse suffering from a mental illness or disorder that makes it impossible to continue the marriage.

Customary Divorce

Customary Divorce refers to divorce procedures conducted according to customs and traditions prevalent in certain communities or tribes, often recognized alongside legal divorce processes.

Insanity

Insanity, as a ground for Divorce, refers to one spouse being declared legally insane or mentally ill for a continuous period, rendering the marriage untenable.

Unreasonable Behavior

Unreasonable behavior, as a ground for Divorce, refers to actions or conduct by one spouse that make it intolerable for the other spouse to continue living together.

Leprosy

Leprosy, as a ground for Divorce, refers to one spouse contracting leprosy in a communicable form after marriage, which may be considered a valid reason for Divorce under certain personal law

Mutual Consent

Mutual consent divorce refers to a situation where both spouses agree to end the marriage amicably and jointly file a divorce petition, stating their consent before the court.

Renunciation

Renunciation, as a ground for Divorce, occurs when one spouse renounces the world by entering a religious order, leading to a fundamental change in the nature of the marriage contract.

Fault Ground

Fault ground refers to specific misconduct or wrongdoing by one spouse, such as adultery or cruelty, serving as the basis for filing a divorce petition in court.

Erectile Dysfunction

Inability to achieve or maintain an erection sufficient for sexual intercourse, often influenced by physical, psychological, or lifestyle factors.

Imprisonment

The confinement of individuals against their will as punishment for breaking laws or for reasons of national security.

Irretrievable breakdown of marriage: The complete breakdown of a marital relationship beyond repair, leading to the decision to end the marriage permanently through Divorce.

Judicial Divorce is the legal termination of a marriage by a court, typically involving legal proceedings to resolve issues such as custody and property division.

Two years separation

Legal grounds for Divorce in some jurisdictions where spouses can divorce if they've lived apart for a continuous period, often two years.

Child Custody and Support

Child Custody and support arrangements in India are primarily governed by the Guardians' Wards Act of 1890 and the personal laws applicable to the parties involved.

Child Custody

The welfare of the child is the primary consideration in determining custody arrangements.

Under Hindu law, custody of children below the age of five is usually granted to the mother, and custody of older children is decided based on their best interests.

In Muslim law, custody of minor children is generally awarded to the mother until a certain age (7 years for boys and puberty for girls), after which the father may be granted custody.

In cases of interfaith marriage or marriages under the Special Marriage Act, custody is decided based on the child's best interests, considering factors such as the child's age, health, and education needs.

Child Support

Both parents are legally obligated to support their children financially.

The amount of child support is determined based on factors such as the parents' financial capacity and the child's needs.

Child support may cover expenses such as education, healthcare, and general maintenance.

Depending on the circumstances of the cases, the court may order periodic payments or a lump-sum amount as child support.

Failure to provide child support can result in legal consequences, including enforcement measures by the court.

Division of Assets and Alimony

In India, the division of assets and payment of alimony (maintenance) upon Divorce is governed by various personal laws and the provisions of the Indian legal system.

Division of Assets

Upon Divorce, the assets acquired during the marriage are typically divided between the spouses.

Assets may include property, bank accounts, investments, vehicles, and any other jointly owned assets.

The division of assets is usually based on principles of fairness and equity, considering factors such as the financial contributions of each spouse, their respective needs, and the welfare of any children involved.

Specific laws and procedures governing the division of assets may vary depending on the personal laws applicable to the parties involved.

Alimony (Maintenance)

Alimony, also known as maintenance, is financial support provided by one spouse to the other after Divorce.

Alimony ensures that the financially disadvantaged spouse can maintain a reasonable standard of living after the Divorce.

The amount of alimony and the duration of payments are determined based on factors such as the income and financial resources of each spouse, their respective earning capacities, the duration of the marriage, and the standard of living during the marriage.

Alimony may be awarded as a one-time lump-sum payment or periodic payments over a specified period.

The laws governing alimony vary depending on the personal laws applicable to the parties.

New Divorce Rules in 2024

Mindset shifts : Partners can freely pursue Divorce if their marriage soured. The court sets fair settlement rules guiding changes.

Section 13(B) 2 allows couples to bypass the mandatory waiting period for mutual consent divorce. The court preserves marriages and offers reassessment time. After 6 months, the couple decides on reconciliation or Divorce.

Extend maintenance Law for live-in relationships: Under India's new divorce law 2022, wives or live-in partners can seek relief under the Protection of Women from Domestic Violence Act, 2005, surpassing.

How long will it take to get legal Divorce?

Obtaining a mutual consent divorce in India typically takes around 6 months to a year. Both spouses must file a joint petition for Divorce and appear before the court after a mandatory waiting period of 6 months. During this period, the court may provide opportunities for reconciliation. If both parties remain committed to the Divorce after the waiting period, they confirm their consent before the court, which then grants the divorce decree.

The actual duration may vary based on factors such as the court's workload, the efficiency of legal representation, and any complexities in the case. Delays can occur if there are disagreements over terms or if there are procedural issues. It's essential to consult with a lawyer experienced in family law to navigate the process smoothly and expedite proceedings where possible.

Both parties agree to end the marriage, known as mutual assent, as they have been living separately for a year or more. The time to obtain legal mutual assent for Divorce varies greatly depending on factors such as jurisdiction, complexity of the case, and cooperation between spouses. It can take several months to years, involving negotiation, legal proceedings, and court approval before the Divorce is finalized.

Best Divorce Lawyers in Chennai

Mr P. Prashanth is the best divorce Lawyer in Chennai and the founder of Prashanth Law Associates in Sholinganallur, Chennai. He brings a wealth of knowledge in civil, criminal, and family disputes. He is skilled in managing divorce cases and matters pertaining to cyber law. With 3 years of dedicated practice, he is committed to delivering effective legal solutions.

Best Divorce Law Firm in Chennai

Prashanth Law Associates is the best law firm in Chennai. Here, you can get the best legal solutions from experienced advocates. An unwavering pursuit of justice marks our path, as a steadfast commitment to ethical conduct and a relentless dedication to our client's well-being. Prashanth Law Associates eagerly looks forward to the opportunity to serve as your trusted legal ally, guiding you toward justice and resolution.

With a vision of empowering clients through expert legal counsel, Prashanth Law Associates aims to set the standard for trust and excellence. We envision a legal landscape where every individual receives unwavering support and tailored solutions, ensuring justice is served.

Our mission is to redefine legal representation with a dynamic blend of expertise, ethics, and empathy. Through our commitment to providing comprehensive legal services, Prashanth Law Associates strives for a better and more just future for all.

Best Lady Divorce Lawyers in Chennai

You can find the best lady Divorce Lawyers from Prashanth Law Associates in Chennai. Prashanth Law Associates has numerous lady divorce advocates with extensive experience and knowledge in this field. We will give you the best legal solutions. Reach us to get the best legal solutions.

[thenewsfactsnow]

Triple Talaq, Article 370: PM On Big Reforms By 17th Lok Sabha

Prime Minister Narendra Modi, in a special address in Parliament this evening — his last ahead of the general elections — said the 17th Lok Sabha “achieved what generations waited for”. Addressing the 17 Lok Sabha on the last day of its last session, he said, “These five years were about reform, perform and transform in country… Many reforms, that were game-changers, happened during this…

[hashbrownsoncrack]

The UCC almost being passed in Uttarakhand is frankly a horrendous idea and a precursor to saying "bye bye secularism" in India.

^^ this is all just why the very notion of a UCC, especially the type of which BJP wants to implement should horrify people, however there is more:

oh and only m/f live in relationships are considered "legitimate" so this is also pushing back the status of queer rights in the country back with full force- forget marriage, basic recognition is being denied.

the very reason people get into live in relationships and not a marriage is either to test out the waters of living together, whereas some never want to get married at all because they dont want the state interfering in their affairs and this makes it impossible

there is so much more, here are articles you can refer to for it: