Property Divorce Law

The Women (Protection of Rights on Divorce) Act, 1986, was enacted with an objective, namely to protect the rights of divorced Muslim women. The Act, entitles a divorced Muslim woman, to claim maintenance from her ex-husband. Further, it provides that the husband is obliged to provide maintenance within the period of iddat (waiting period imposed upon a Muslim woman, after dissolution of her marriage). However, the obligation is not restricted to the period of iddat. Also, the Act provides that in case her husband fails to provide maintenance, she can approach the Wakf Board for the same.

Hindu law pertains to issues affecting Hindus at large, such as marriage, divorce, adoption, and succession. Section 27 of the Hindu Marriage Act, 1955, provides for disposal of property at the time of dissolution of marriage. According to this section, the court can make such provisions in the ruling/order as it required with respect to any property that may have been gifted, at or about the time of marriage, which belongs jointly to both the husband and the wife.

Divorce is the formal termination or legal dissolution of a marriage. Every nation has distinct laws safeguarding the rights of both the spouses in a marriage. In India, the laws take into account religious distinctions. Divorce of Hindus, Sikhs and Jains is governed by the Hindu Marriage Act of 1955, divorce of Muslims is governed by the Dissolution of Muslim Marriages Act of 1939 and Christians need to follow the laws laid down under the Indian Divorce Act of 1869. There are separate laws for inter-cast or inter-religion marriages. These fall under the Special Marriage Act of 1954.

A widowed daughter-in-law is entitled to get maintenance from her father-in-law under section 19, of the Hindu Adoption and Maintenance Act, 1956. Now the question arises whether a daughter-in-law can claim maintenance from the property of her mother-in-laws under Hindu law. Here’s an interesting real life saas-bahu case to take this discussion forward.

Although cruelty is mentioned as one of the major grounds for divorce, Indian laws such as the Hindu Marriage Act and the Special Marriage Act do not define it clearly. Various court judgments have led to the interpretation of the term ‘mental cruelty’ and its grounds for seeking divorce in India.

Under law statutes for Indian marriages, a spouse can file for divorce on the ground of cruelty by the other spouse. It must be noted that the concept of cruelty has not been rightly defined as per the existing laws. However, today, cruelty is not interpreted in the same manner as it was some decades ago.

For instance,

• Under the old English law, a husband could resort to beating the wife so as to correct her as stated by Blackstone.
• According to Manu, who is believed to be the Hindu law giver, a husband should only beat his wife using a split bamboo or a rope to ensure that her bones remain intact in the process.

Polygamy, most of us know already, is the practice of having more than one spouse at a time. It is considered legal in many countries. Polygamous marriages are also acknowledged in many African countries under Islamic or customary law. A modification of polygamy is polygynous, which is a system of marriage in which a husband can have two or more wives at the same time. In a polyandrous marriage, a woman has two or more husbands at the same time. Next, let’s discuss international laws on polygamy.

Muslim women are entitled to maintenance under Muslim personal law as well as the Protection of Rights on Divorce Act, 1986. To a layperson, what does ‘maintenance’ really mean? Simply put, when a couple divorce, the husband is legally bound to provide for the expenses of the wife and children, which is called as ‘maintenance.’ It must, however, be noted that a Muslim wife is only entitled to maintenance so long as she is faithful to her husband and obeys his ‘reasonable’ orders. Moreover, the Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek dissolution of marriage on the ground of failure to provide maintenance.

In most Indian movies, you may have seen how courts attempt to reconcile a husband and wife who want to divorce. In real life, too, every attempt is made by courts in India to bring about amicable settlement of marriage disputes.

On 5^th April, more drama unfolded in the Shoaib-Sania marriage controversy as India’s tennis star, Sania asserted that their marriage would be solemnized on the announced date, namely, 15 April 2010. The Pakistani cricketer, Shoaib Malik has been featuring in the news ever since his marriage with Indian tennis star, Sania Mirza was announced. The FIR against Shoaib Malik charges him with cruelty to wife, harassment, criminal intimidiation and cheating. Reports from the Pakistani foreign office indicate that the Pakistani High Commission is awaiting the details of the FIR that has been lodged against Shoaib Malik.