Muslim law -- Divorce - If the husband claims that he had divorced wife by properly pronouncing talaq three times, and it is disputed by wife, question arises if the marriage has been validly dissolved - Issue cannot be left to the unilateral determination of husband - Only appropriate and legally permissible course would be to call upon the husband to obtain a judicial..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Maintenance to widowed daughter-in-law - Father-in-law is not bound to give maintenance to widowed daughter-in-law as per Domestic Violence Act and Muslim law...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Application u/s 3 of the Act - Jurisdiction of Gram Nyayalaya - Gram Nyayalaya does not possess the jurisdiction to deal with an application u/s 3 of the Act in view of Ss.11, 12 of Gram Nyayalaya Act - Application be returned to petitioner to be presented before proper forum in a time bound manner in..........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Protection to life and liberty -- Petitioner no.1, a married Muslim woman solemnized marriage with petitioner no.2 without obtaining any decree of divorce from her previous husband - She is still legally wedded wife of respondent/previous husband, as she has not obtained any decree of divorce - Relationship of petitioners not protected in contravention of statutory..........
Protection to life and liberty -- Muslim marriage - Boy is 29 years of age and girl is about 18 years of age - Both the petitioners belong to Muslim religion and have performed marriage as per Muslim Rites and Customs - Marriage of petitioners is valid as per Muslim Personal law, as girl is above the age of puberty and boy also being of marriageable age - Custody of girl..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Family Courts Act, 1984, Section 7 -- Suit for declaration that marriage is void - Husband filed a suit against his wife that she performed Hindu marriage with respondent no.2 whereas she is Muslim by religion - No case of husband that wife had converted to Hinduism by giving up Muslim religion - Marriage between a Hindu and Muslim could be performed only under Special..........
Mohammedan Law -- Divorce (Khula) - Private bodies such as Shariat Council cannot pronounce or certify dissolution of marriage by Khula, as they are not Courts or Arbitrators of disputes - However, it is open for a Muslim Woman to exercise her inalienable rights to dissolve marriage by Khula recognized under Muslim Personal Law (Shariat) by approaching Family Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
