Posts

Showing posts from December, 2019
Image
Divorce in a Muslim marriage AUTHOR : Medha Bhatt 2 nd Year, B.A. LL.B. Student at Maharashtra National Law University, Mumbai. EDITOR: Kaushik Das Student at National Law University Odisha, Cuttack, Odisha. Introduction Divorce is the legal dissolution of a marriage when the parties, on account of irreconcilable differences, decide to get separated rather than staying together. In Islam, Muslim personal laws (Shariat) regulate divorce. It can be initiated by either of two parties. Under Shariat, there are several forms of divorce, which shall be discussed in the following sections. Forms of divorce in a Muslim Marriage Primarily, the dissolution of Marriage in Muslim Law may be categorized into two parts – ·         By act of God (Death of either party) ·         By act of Parties (Divorce) Furthermore, the Divorce can be of two types- ·         Judicial divorce ·         Extrajudicial divorce The extra judicial d
Image
Rules of Inheritance in Muslim Marriages AUTHOR : KareenaBakhtyarpuri 3 rd Year, B.A. LL.B. Student at Institute of Law, Nirma. EDITOR: Kaushik Das Student at National Law University Odisha, Cuttack, Odisha. In general parlance, inheritance is the practice of passing a person’s property, rights & duties, debts, titles etc. when he dies. However, in terms of law, inheritance exclusively refers to the succession of property of a deceased person to the heirs. Inheritance Under the terms of a will intestate The inheritance can be as per the terms given in the will or as per the intestate laws if a person dies without making a will. However, the rules of inheritance vary among societies and all the personal laws law deal with a different set of rules of inheritance. The Muslim personal laws of succession have four major sources of Islamic law namely Holy Quran, Sunna, Ijma & the Qiyas . However, inheritance is now considered to be an i
Image
AUTHOR-KAUSHIK DAS National Law University Odisha Maintenance of Wife: Hindu Marriage Act Of ten, we have seen that the marriages which have been solemnized, at a later stage are broken up due to soured relations. In these instances, the wife and children may become dependent on the Husband after separation, because of their inability to generate enough financial resources. The concept of maintenance takes center stage at this point. Maintenance can be likened to an amount paid by the husband to his wife, which allows the wife or dependent children to fulfill their basic requirements. Maintenance has since a long period of time been recognized in India. Since long according to the tradition of the country, maintenance has been termed as the spiritual duty of the husband to maintain the wife, under the Hindu law. Some people have questioned the process of providing maintenance though as well. They have compared it to the payment of charity to the wife by the husband,