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Mohammed Ahmed v Shah Bano and Anr.: The information of the case revolve around the idea of protection and dower. After the divorce of the divorce lawyer in bangalore respondent with the aid of way of ‘triple talaq’. The issue arose whilst she demanded maintenance from her husband. In Muslim customs, a lady is entitled to Mehr or dower, that is given to the female as a mark of appreciate, and consequently the motive is for the girl to make use of it after the wedding or if her husband passes away.
Held: The case became maintainable earlier than the Apex court because the petition turned into introduced below the supply of Criminal system and therefore the court held that the Muslim woman shall be entitled to protection even after the ‘iddat’ duration. However, this judgment changed into overturned by way of the enactment of legislation The Muslim Women (Protection of Rights on Divorce), 1986, which re-emphasised that Muslim men shall not be susceptible to keep their better halves after the iddat duration.
Shayara Bano v. Union of rmv 2d level, bangalore rural: Facts of the case revolve around a resident of Uttarakhand who represented the plight of several Muslim girls. She had an unsightly marriage and she or he or he turned into divorced through her husband via manner of triple talaq (Talaq-ul-biddat).
Held: The Supreme court docket decided that this exercise is violative of Article 14 because it's most effective the individual inside the marriage who can exercise it and consequently the woman can't hence the precept of equality is violated. By the distinctive feature of Article 19, the girl should have the choice even as divorce. And Article 21 guarantees the proper to life with non-public liberty.
Sarla Mudgal vs. Union of rmv 2nd level, bangalore rural:
Facts: There had been two petitions clubbed by way of the Supreme courtroom. The critical statistics in both those petitions were that the husband flees from the primary marriage which became solemnized under the Hindu Marriage Act, 1955. Further, the husband fled and transformed into Islam just for the goal of remarrying thereby bypassing Section 494 of the rmv 2nd stage, bangalore ruraln legal code that prohibits remarriage while the subsistence of one marriage.
Held: The apex courtroom held that the man or woman is attempting to invade the primary marriage and depart the spouse stranded. Thereby, held that seeing that constant with the Hindu Marriage Act, 1955, someone below its provisions can not have two marriages at a time. It were held by using the court docket that the second one marriage shall be void in nature because the number one marriage is not dissolved and therefore the conversion which has taken region handiest to devote fraud and to marry two women at an equal time shall maintain no excellent. The conversion shall now not be affected but the 2nd marriage shall be void.
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Lawtendo has the great lawyer for such instances and additionally the first-class attorney for own family disputes who can useful resource you to gather and get better your damages peacefully and legally. If you are seeking out attorneys in rmv 2nd stage, bangalore rural on this field, Lawtendo occurs to recognise the exceptional and will let you connect to one.
Remedies for the Divorced Muslim Woman in case of failure to get preservation
The Divorced Muslim Woman or her duly authorized character might also make an software for charge of such quantity to the Magistrate
The Magistrate after ascertaining the claims has the energy to dispose the matter inside one month or a justifiable time frame and order the former husband to pay such quantity
If the order isn't always followed by the former husband, the Magistrate has energy to trouble a warrant for levying the dower or maintenance quantity in the manner provided for fines under Cr.P.C.
After the Iddat duration, if the Divorced Muslim Woman has no longer remarried and is not able to hold herself the Magistrate may also make an order directing the spouse and children who will inherit her belongings or kids (grown up and earning) to pay her the upkeep
If the divorced woman has no family or youngsters or mother and father the Magistrate may also order the State Wakf Board to pay the protection
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