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Danial Latifi v. UOI

 Danial Latifi v. UOI Essay

Danial Latifi versus. Union of India

__________________________________________________________________________________________ Shaping the law of repair of Muslim wives in India

Mahima Sharon Selvakumar

ID No . 214107

Family Law I

Winter Semester 2014/15

INTRODUCTION

The provision of nafqa, or maintenance, to Muslim ladies in the occurrence of a divorce has always been a debate of great controversy. The truth of Mohd. Ahmed Khan v. Shah Bano Begum1 (the Shah Bano case) was a milestone maintenance case decided by the Supreme Court of India. The judgement passed in this instance evoked quite a few criticisms through the Muslim community which claimed that the decision was in contradiction to Islamic law. Eventually, the decision from the Shah Bano case was nullified by the passing in the Muslim Women (Protection of Rights about Divorce) Action, 1986. The constitutional quality of this Take action was after challenged simply by Danial Latifi before the Substantial Court. two MAINTENANCE UNDERNEATH ISLAMIC REGULATION

The duty of any Muslim guy to maintain his wife is known as a duty imposed upon him by the Qur'an. Maintenance is usually mandatory no matter the financial situation with the husband. The work is enforced once the wife attains puberty, and this remains as long as she compensates heed with her husband's affordable orders. Nevertheless , he is certainly not obligated to maintain a better half who refuses him his conjugal privileges or is otherwise defiant without any valid cause. three or more Justifiable triggers for wrong doings would are the nonpayment of mahr, or perhaps dower, or if your woman leaves her husband's residence due to home-based cruelty. 4 A Muslim woman, after becoming divorced, is usually entitled to receive maintenance by her spouse for the time of iddat, or 90 days. In the case of a pregnant woman, the right of maintenance might exceed 3 months until the moments of delivery. 5 Each university of Islamic law contains a different placement on the concern of maintenance. The Hanafi school will not allow past maintenance, consisting of the keeping of single wives, whilst according to Shia rules, past maintenance is authorized. In the words of the renowned Islamic legal scholar Tahir Mahmood, about the latter position, " this kind of rational dotacion deserve to get applied to the Muslim ladies of all universities. ” ROUTINE SERVICE UNDER CRIMINAL PROCEDURE CODE, 1973

The Code applies to all neighborhoods and religions, including Muslims, and Section 125 of the Code prescribes that a partner who is unable to sustain their self has a right to be maintained by her husband. This right is available even to a divorced female until the lady remarries. six Prior to 1973, maintenance could possibly be claimed only by a female who continuing to officially be wedded to her husband. This loophole in the Code brought to light many occasions where a person would divorce his better half in order to avoid the duty of maintaining her. 7 Women who were neglected by their husbands had possibly little or no comfort in submitting petitions within the Code. Since noted in Bai Ramilaben v. Kantilal8, the supply given in the modern Code is a progressive step on the part of the legislature to boost the situation of suffering women in culture. However , refuse arose by among the Muslim Members of Parliament, who opposed such an amendment, through the commencement of the drafting with the section. Therefore, Section 127(3)(b) was included as a way of appeasing the opposers. In accordance to this section, if a Muslim woman obtains some amount under traditional or personal law after divorce, then it is the discernment of the justice of the peace to cancel an order intended for separate repair. 9 The resulting difficulty from this was the cases of Muslim husbands using Section 127(3)(b) to shield themselves from the responsibility of providing maintenance. That they contended that if their single wife received any budgetary amount beneath custom, there would lay no obligation on the hubby to maintain her. 10 It has become difficult to separate whether this sort of maintenance volume was including the dower. In various Substantial Court...

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