Gauhati HC: Talaq-E-Hassan Is a Valid Form of Divorce; Registration Must Be Sought Under 2024 Act
The Gauhati High Court has held that Talaq-E-Hassan is a valid and recognised form of Talaq and is not prohibited under law.
Muslim Personal Law
Gauhati HC: Talaq-E-Hassan a valid form of divorce; registration must be sought before competent authority
The Court held that Talaq-E-Hassan remains a valid form of divorce and clarified that its registration is to be considered by the competent Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
Second marriage by Muslim man not bigamy under Section 494 IPC, as Muslim Personal Law permits polygamy: Madhya Pradesh High Court
“A second marriage contracted by a Muslim male during the lifetime of his first wife is not treated as void merely on the ground that the first marriage is still subsisting.”
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First wife not a silent spectator; Must be heard before registration of Muslim man’s second marriage: Kerala HC
“The Court cannot ignore the feelings of the first wife and allow a Muslim man to march over her, for registering his second marriage, without notice to the first wife.”
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Juvenile Justice Act prevails over Muslim Personal Law; Adopted child entitled to same status as biological child: Madras High Court
“A child below 18 years cannot obviously give consent. So this expression “consent” must be understood as ascertaining its wishes.”
Written agreement not necessary for divorce by ‘Mubaraat’ under Muslim Law: Gujarat HC
“When parties to the Muslim marriage come to an agreement to mutually dissolve their Nikah, they are at liberty to do so, and by virtue of this mutual agreement (Mubaraat), the Nikah stands dissolved.”
‘Child’s welfare has upper hand over personal law’; Bombay High Court grants custody of 9-year-old minor to the mother
“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
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Father-in-law not liable to maintain Daughter-in-law under Muslim Personal Law: MP High Court
As per the provisions of Muslim law and the DV Act, the Court opined that the present petitioner being father-in-law of respondent, cannot be compelled to give maintenance to the respondent.
Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC
“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”
Comprehensive breakdown of the Supreme Court Verdict on Divorced Muslim women’s right to seek maintenance under Section 125 CrPC
In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
Divorced Muslim woman can seek maintenance under Section 125 CrPC: Supreme Court
In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
Special Marriage Act allows inter-religious marriages but does not override personal law prohibitions; MP High Court refuses protection to inter-religious couple
“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”
Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers
The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.
Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council
Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.