Muslim marriages are called ‘NIKAAH’. ‘NIKAAH’ is a contract therefore like any other contract there are certain conditions that need to be fulfilled in order to make it valid. The conditions are as follows:
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Divorce can be granted in two processes:
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
The Muslim laws are governed by the holy book of the Quran. The personal laws of the Muslims such as marriage, divorce, succession, etc are derived from the religious holy book of the Quran and therefore there is no specific legal enactment present for the same.
Muslim marriages are called ‘NIKAAH’. ‘NIKAAH’ is a contract therefore like any other contract there are certain conditions that need to be fulfilled in order to make it valid. The conditions are as follows:
A husband can divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which express the intention to disown the wife is sufficient. The wife can only divorce the husband if she has been delegated such rights by the husband in the agreement. After the Dissolution of Muslim Marriage Act 1939 has been passed, the wife has got various grounds under which she can divorce the husband.
When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children, and even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding the payment on the alimony, the court will take into account the earning potential of the husband, his ability to regenerate his fortune, and his liabilities.
In case either spouse is unable to pay for the divorce, then the spouse who earns will have to pay these expenses.
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