Category: Marriage

A Muslim wife has no independent right of divorce. She cannot divorce her husband whenever she likes, as her husband may do. Under Muslim law, divorce by wife is possible only in the following situations:(a) Where the husband delegates to the wife the right of Talaq (Talaq-e- Tafweez). ADVERTISEMENTS: (b) Where she is a party to divorce by mutual consent (Khula and Mubarat).(c) Where she wants to dissolve the marriage under the Dissolution of Muslim Marriage Act, 1939. Image Source: i.huffpost.comIn the first two cases the wife’s right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless the husband himself gives her the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, she cannot get divorce unless the husband also gives his consent…

Any type of property, immovable or movable, corporeal or incorporeal, which is capable of being transferred, may form the subject-matter of a bequest. It is not necessary that the subject-matter of the will should be in existence when the will is made, it is sufficient, if it is in existence at the time of testator’s death. Image Source: 2.bp.blogspot.comThe bequest may consist of the corpus or of the usufruct. Under Muslim law, it is possible that a testator may give to one person and the usufruct to another. Thus, a right to occupy a house during a future period of time, or to take the rents, or future produce, or usufruct for a limited time, or for the life time of the legatee may validly constitute the subject-matter of a…

Legal provisions regarding Marriage ceremony fraudulently gone through without lawful marriage under section 496 of Indian Penal Code, 1860.Marriage ceremony fraudulently gone through without lawful marriage: “Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Image Source: omargutierrez.com ADVERTISEMENTS: Section 496 punishes fraudulent or mock marriage. This section applies to such cases in which marriage ceremony is complete but under no circumstances constitutes a valid marriage and in which one of the parties is induced to believe that a valid marriage has been constituted thereby.The essential ingredients of Section 496 are:i) The accused…

Difference between Section 304-B and 498-A of the IPC are as follows:Section 304-B deals with dowry death being subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. But, the terms has not been defined in Section 304-B. The explanation to Section 498- A gives the meaning of cruelty and as given in explanation ‘cruelty’ by itself amounts to an offence and is permissible. Image Source: cloudimages.youthconnect.in ADVERTISEMENTS: Though it is true that cruelty is a common essential to Section 304-B and Section 498- A, the provisions deal with two distinct offences. Under Section 304- B, it is the ‘dowry death’ that is punishable and such death should have occurred within seven years of the marriage. No…

The matrimonial remedy of restitution of conjugal rights was made available to all the communities, including the Muslims, at an early period of British rule in India. The earliest Privy Council decision under Muslim law goes back to the 1867. Image Source: i.ytimg.comThe remedy is available in modern India by a suit of restitution of conjugal rights in the lowest civil court. What is most remarkable about this remedy is that most textbook writers discuss it as if the remedy is available to the husband alone and not to the wife. ADVERTISEMENTS: The reason seems to this that in most of the cases the suits for restitution of conjugal rights have been filed by the husband. There seems to be another reason also: the husband can frustrate the wife’s petition…

If the impediment or prohibition to marriage is temporary or remedial, then a marriage performed in violation of such impediments is not void, but, as the Muslim law gives call, irregular. An irregular marriage, under Muslim law, is not same thing as voidable marriage under English law or Hindu law. Image Source: vanderbilt.eduA voidable marriage is a perfectly valid marriage till it is avoided, and it can be avoided only by either party to the marriage. No third person can take a stand on it. A voidable marriage on its annulment has, practically, the same consequences as a void marriage. On the other hand, an irregular marriage is not a valid marriage: nor is it a void marriage. ADVERTISEMENTS: A fasid marriage is not a valid marriage to begin with,…

Although in most systems of the world, the individual has the freedom to marry or to remain celebrate, marriage is regarded all over the world as a social institution.Whether considered as a sacrament or as a contract, marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Image Source: vanderbilt.edu Marriage or Contract: ADVERTISEMENTS: The fundamental concept of individual liberty and responsibility, which is a corner-stone of Muslim jurisprudence, is incorporated in the institution of marriage. In Muslim law, marriage depends upon the free volition of the parties concerned, so does its dissolution, though the wife’s volition in this regard is subordinate to that of the husband, since the Muslim jurists subscribe to…

When a person converts to Islam, the following questions arise:(a) How far conversion can change the existing rights and the status of the convert, and(b) How far Muslim law applies to the convert and his descendants. Image Source: muslimgirl.net Rights and Status of the Converted Muslims: ADVERTISEMENTS: The question of rights and status of the convert arises mostly when a married person converts to another religion. The question has arisen in some acute form in cases where a person whose personal law prescribe monogamy and who converted to Islam with a view to taking advantage of the Muslim law provision which permits polygamy. It is happening that Hindu or Christian who wants to take a second wife and who has no ground available to divorce his first wife, converts to…

India is a country which abounds in personal laws. Every religious community in personal matters is governed by its own laws. Just as the Hindus, the Christians, the Parsis and the Jews are governed by their own personal laws, so are the Muslims. Image Source: koreaittimes.comThe Hindus and the Muslims have, all along, claimed that their laws are of divine origin. However, in Hindu law it has been an established proposition that a valid custom overrides the sacred law. Custom has never been an important aspect of Muslim law, although, at one time, the Privy Council held the view that a valid custom overrode Muslim law. ADVERTISEMENTS: During the long period of Hindu rule, Hindu law was all pervasive. All aspects of the life of an individual were regulated by…

Legal provisions regarding Giving False Evidence under section 191 of Indian Penal Code, 1860.Giving False Evidence:The offence under Section 191, IPC comprises of the following elements: Image Source: pocketperspectives.files.wordpress.com ADVERTISEMENTS: (i) A false statement, made by a person, who is;(ii) Bound by an oath; or(iii) By an express provision of law; or ADVERTISEMENTS: (iv) A declaration which a person is bound by law to make on any subject; and(v) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.The three essential pre-requisites are:(i) A legal obligation to state the truth; ADVERTISEMENTS: (ii) The making of a false statement or declaration; and(iii) Being in its falsity.Bound by Oath or Law to say the truthFalse evidence to be punishable…