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When Can A Muslim Wife File A Suit For Judicial Di...

All Muslim marriages must be in compliance with Muslim personal law. The original concept of Divorce has undergone sea changes after the Dissolution of Muslim Marriage Act, 1939 was enacted. Conforming to this Act the concept of judicial divorce emerged in the context of Muslim marriages empowering women to file for divorce which previously was solely the prerogative of Muslim men in a male-dominated society.Lawyer’s definition of judicial divorce is essentially taking legal action to put an end to the matrimonial bonding between partners. According to Muslim Personal law the husband is empowered in whimsically divorcing his wife. Conversely, a Muslim wife isn’t equally empowered to file for divorce nonetheless she can get divorced on the basis of Khula akin to mutual consent divorce. As far back as in the year 1939 the concept of judicial divorce emerged as the Dissolution of Muslim Marriage Act, 1939 was enacted. With the passing of this Act, the provisions of Muslim law related to marriage dissolution suits were consolidated and clarified. This Act underscores the fact that the wife can file for divorce but not the husband. Grounds for decree for dissolution of marriage A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known for a timescale of four years; (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv)that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v) that the husband was impotent at the time of the marriage and continues to be so; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;(viii) that the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (d) obstructs her in the observance of her religious profession or practice, or (e) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: Provided that  (a)no decree shall be passed on ground (iii) until the sentence has become final; (b)a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c)before passing a decree on ground (v) the Court shall, on application by the husband, made an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.Effect on DowerThere will be absolutely no effect on the Muslim women rights, as per the Muslim Personal Law, to dower and the provisions of the Dissolution of Muslim Marriage Act,1939 will not make any difference. CTA: Call 7604047601 for a consultation with registered expert Divorce Lawyer

Posted By

Avik Chakravorty

1 week ago

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How does Divorce affect Children's Academic Perfor...

Children of any social or economic status are negatively impacted by a divorce. The divorce process can be antagonistic and the fallout is that children are the worst sufferers in the middle of what may seem like a disaster. Kids are in fact far more deeply affected by divorce than what was thought of originally.  It’s a well-known fact that children are emotionally affected as a result of a divorce. Research reveals all children are not equally affected as a result of a divorce. How Divorce Affects ChildrenThere is a negative impact of divorce on each and every family member and children, in particular, are the worst sufferers. Incidentally, newest research reveals children from richer families are far more adversely affected in terms of education following a divorce.The Impact on ChildrenEventually, this data has proven that children regardless of their backgrounds are affected by the ill-effects of divorce. Children who are in the midst of intensely conflicting situations a divorce for them is sort of a respite. Conversely, children who had the least anticipated that a divorce would occur find it difficult to cope with when a divorce does occur. Needless to mention creating a conducive environment for the child is absolutely imperative for their success in academia later in life. These statistics prove that the more amicable divorce is, the better the children will be once the divorce is a done deal. A divorce at all times is more than simply splitting finances and more so with the involvement of children, the best interests of the children is first and foremost or of utmost importance.Throughout the divorce process, one ought to ensure that one’s children have the emotional stability needed to get their needs fulfilled. ?Click here to consult an experienced and registered divorce attorney at Vidhikarya. 

Posted By

Avik Chakravorty

2 weeks ago

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Retired Judge
Exp
Bangalore , Karnataka

Specialization

  • Divorce
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Retired Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities an View Full Profile
Total Answers Given : 4782
Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
  • Bankruptcy And Debt
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1692
Abhimanyu  Shandilya

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Banking
  • Civil
  • Commercial
  • Criminal
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. My law firm Shandilyaz Advocates & Counsels deal with all kinds of cases. I am empaneled lawyer for LIC and National Insurance Company. View Full Profile
Total Answers Given : 607
GANESH  SHARMA

GANESH SHARMA

Criminal Lawyer
Exp
Faridabad , Haryana

Specialization

  • Divorce
  • Civil
  • Torts
Experts in Divorce cases, Criminal Cases, Property disputes, Civil Matters etc.. View Full Profile
Total Answers Given : 409
Mrighankhi  Chakraborty

Mrighankhi Chakraborty

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Cheque Bounce
  • Family
Hi, This is Mrighankhi Chakraborty I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with Divorce cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc View Full Profile
Total Answers Given : 74
Pavan  kumar Gudipati

Pavan kumar Gudipati

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Divorce
  • Commercial
  • Bankruptcy and Debt
  • Cheque Bounce
  • Tax-Income Tax
I am willing to take up cases at the High Court of Telangana, Company Law ( NCLT), Cheque Bounce cases, Mutual Divorce cases, DRT. I am willing to take up cases in Hyderabad in any Tribunal / Court. I am a Fresher and willing to take up cases. Contact Time : 6pm to 9pm View Full Profile
Total Answers Given : 39
Mural Krishnan  Sanjeevi

Mural Krishnan Sanjeevi

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Divorce
  • Cheque Bounce
  • Muslim Laws
  • Child Custody
  • Civil
Am 10 years experienced lawyer in all the legal matters. My goal is to provide the best legal and practical solutions to my clients. My are of practice are Arbitration, Anticipatory Bail, Bail , consumer dispute, Divorce. View Full Profile
Total Answers Given : 28
harish  M

harish M

BAL LLB
Exp
Bangalore , Karnataka

Specialization

  • Divorce
  • Corporate and Incorporation
  • Intellectual Property, Copyright, Patent, Trademar
  • Cyber, Internet, Information Technology
  • Property
I have been practicing since 2001, my father is also an advocate and I practiced under his guideline and I do independent practice at Bangalore, I am extremely competent in corporate Law, intellectual property, Cyber law, Property verification and Family and divorcee case. View Full Profile
Total Answers Given : 3
Meena  S

Meena S

Senior Advocate
Exp
Bangalore , Karnataka

Specialization

  • Divorce
Advocate Meena has 15 years of rich experience in the field of law with an interesting mix of Corporate, Non litigation and Litigation practice. She helps her clients overcome their hurdles and legal challenges by representing for them before various courts like Family court, Civil and Criminal etc. View Full Profile
PATHAK ROY CONSULTANCY

PATHAK ROY CONSULTANCY

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Divorce
Lawfirm Consist of more than 35 years of Experienced Laawyers ,Adv,Goutam Pathak Bannerjee, .Senior Lawyer Radhasree Bannerjee & Samir Roy Chowdhury & Adv.Aishwarya Pathak Bannerjee deals in all types of cases Criminal & Civil Case. View Full Profile
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  • What is the procedure for getting divorced?
  • How long will the divorce process take?
  • What will be the cost of divorce?
  • How the property will be divided?
  • Who will get the custody of the child/children?
  • How do courts decide parenting time?
  • Is it necessary to keep husband’s name after divorce?
  • What is the difference between legal separation and divorce?

Divorce is the total disintegration of a marriage union before the demise of either life partner. It includes the cancelation of legitimate obligations and exception from any past marital obligations or bonds between the said accomplices. After divorce, one's singlehood is legitimized and they are allowed to remarry.

Legal Seperation and Divorce are distinct concepts. Legal Separation is temporary in nature, whereas, Divorce is permanent and more severe in nature. Legitimate separation offers an entryway to decide on divorce, if the distinctions turn out to be beyond reconciliation. With an invalidation in marriage, there is no optional methodology to experience.

To put things simply: Legal Separation – Marriage is in coma

Divorce – Marriage is dead

India earlier had a very extremist view of the concept of divorce. Now that perception is slowly changing. Indian judicial system employs several policies to regulate the process of divorce. Usually it takes a period of 12-18 months for the process of divorce to get completed. Divorce rates in India are very low. Around 11 marriages in 1000 marriages that is approximately 1 in every 100 marriages ends up in a divorce. There are several policies which speak of divorce, the prominent ones are-

Muslims are ruled by their own laws under which Nikah (marriage) is a contract. It can be temporary or permanent with the provision for a man having up to 4 wives on the condition that he treats all of them equally.

Hindus, Jains, Sikhs, and Buddhists are governed by the Hindu Marriage Act. Parsis are governed by the Parsi Divorce Act, Muslims by the Dissolution of Muslim Marriage Act 1939, Christians by the Indian Divorce Act.

There are several grounds for divorce, some of them (apart from mutual agreement) are-

  • Adultery
  • Cruelty
  • Impotency
  • Venereal Diseases, etc.

Getting a divorce lawyer is highly advisable in instances of divorce as the issue of alimony is involved with divorces.

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