Muslim Law -- Interim maintenance - Claimed by grand daughter from grandfather - Father of child died - Affidavit is on record by respondents stating that mother of child has no source or income to take care of child - Petitioner/grandfather of child failed or refused to file objections against the same and did not impel any contention against its maintainability even at..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(3) -- Order passed u/s 3(3) of the Act - Appeal - No provision in Statue enabling party to file appeal against order passed u/s 3(3) of the Act - When no such remedy is provided by law, judgment in appeal is a non-est and can only be ignored...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Muslim wife - Husband when contracts second marriage during subsistence of first marriage - Though, wife cannot stop the husband from entering into a second marriage but she has the right to seek maintenance and refuse to be a part of the matrimonial household, as act of second marriage..........
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..........
Inter-caste marriage -- Protection to life and liberty - Marriage between a Muslim boy and a Hindu girl who is idolatress or a fire worshipper is not a valid marriage, even if marriage is registered under Special Marriage Act - Marriage would be no more a valid marriage and it would be an irregular (fasid) marriage - It is neither the case of petitioners that in case if..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife...........
