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CONSULT THE BEST MUSLIM LAWS LAWYERS IN GAIGHAT, BASTI

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Lawyers for Muslim Laws in Gaighat, Basti

Being a minority in gaighat, basti, Muslims are taken care same way as the other communities. gaighat, basti is a secular nation that states each and every religion is given equal importance. Each community has its own personal law e.g. Hindu Succession Act, 1956 for people who follow the Hindu religion, Christian Marriage Act, 1856 for citizens who follow the Christian religion, Muslim Personal Law (Shariat) Act, 1937 for the Muslim minority. gaighat, bastin Penal Code, 1860 or IPC is a uniform code that has to be followed by each citizen of gaighat, basti. 

What is the law related to Muslim Law?

Muslim law is related to the citizen who follows Islam religion by birth, or by conversion into Islam religion by getting married or otherwise. A few acts are mentioned below: 

  1. The Muslim Personal Law (Shariat) Application Act, 1937, 

  2. Dissolution of Marriage Act, 1939,  

  3. Muslim Women (Protection of Rights on Divorce) Act,1986,  

  4. Wakfs Act, 1995, 

  5. The Dissolution of Muslim Marriage Act,1939. 

Why do you need to hire a lawyer for Muslim Law cases?

Maria married Asif by performing “nikah†under the Muslim Personal Law (Shariat) Act, 1937 on 23 February 2019. After a month Asif demanded a car from Maria’s parents in the name of a gift. Maria’s family being a middle-class family could not afford to buy such luxury. After conveying this to Asif, he started to slang and hit Maria as her family could not give him his desired dowry. In March, Maria found out she was pregnant, but Asif refused to accept the child and got married to another girl within 1 month. After the child was born, Asif wanted to divorce Maria but wanted to keep the child with him. Maria faced domestic violence by her husband as well as her in-laws. One day while Maria was shopping in the market, Asif sent audio through WhatsApp declaring triple talaq from her. Maria having enough of this torture filed a complaint against Asif. 

As seen above, this type of behavior on the part of the husband or in-laws makes the life of the wife a living hell. Advocates in such situations file a notice against such people and thus the Courts confirm that the concerned people compel with the decree passed, if found guilty.

How to register your case?

Main elements of the Triple Talaq Bill:

Offence & penalty: The Act declares Triple Talaq whether in written or in the electronic form to be void & illegal. The act makes Triple Talaq a cognizable offence with imprisonment up to 3years and a fine.

Who can file a complaint: Only the wife (married women) against whom Talaq has been declared or a person associated with her by blood or marriage can file the case on her behalf.

Bail: Bail could also be granted by the magistrate but only after hearing the ladies then if the magistrate thinks that there are reasonable grounds for granting bail.

Allowance & custody: The woman is entitled to hunt subsistence allowance for herself and her dependent children. Also, the lady is entitled to hunt custody of her minor children.

The Supreme court held Triple Talaq unconstitutional.

Laws concerning Dowry In Muslim Religion: Dowry in Muslim Religion is governed by many laws which are given in the following manner - 

  1. The Muslim Personal Law (Shariat) Application Act,1937: This Law Deals With matters of Muslim Religion like Marriage, Charities, Inheritance, succession, etc.

  2. The Dissolution of Muslim Marriage Act,1939: This Law deals with Muslim Divorce procedures. In other means, this Law talks a few situations during which Muslim Women can take Divorce.

  3. The Muslim Women (Protection of right Divorce) Act,1986: This is an important act of the Muslim religion. This Law talks about the rights of Muslim women who are divorced.MAHR is additionally defined in Muslim Women Act,1986. This Act majorly focuses on Muslim Women’s rights like maintenance, the section concerning Divorce, and contains all provisions concerning Dowry.

  4. Section 125 of C.R.P.C.,1973: This Section generally does not solve the matter of MAHR or Dowry but only deals with matters of Divorce rights and protection in cases of Divorce. This Section emphasizes on maintenance of Wives, children, and fogeys. It gives rights to those that are unable to take care of themselves, who are unable to take care of thanks to physical or abnormality.

Famous Judgments on Muslim Law?

Mohammed Ahmed v Shah Bano and Anr.: The facts of the case revolve around the concept of maintenance and dower. After the divorce of the respondent by way of ‘triple talaq’. the difficulty arose when she demanded maintenance from her husband. In Muslim customs, a lady is entitled to Mehr or dower, which is given to the lady as a mark of respect, and therefore the purpose is for the lady to utilize it after the wedding or if her husband passes away.

Held: The case was maintainable before the Apex court because the petition was brought under the supply of Criminal procedure and therefore the court held that the Muslim woman shall be entitled to maintenance even after the ‘iddat’ period. However, this judgment was overturned by the enactment of legislation The Muslim Women (Protection of Rights on Divorce), 1986, which re-emphasized that Muslim men shall not be susceptible to maintain their wives after the iddat period.

Shayara Bano v. Union of gaighat, basti: Facts of the case revolve around a resident of Uttarakhand who represented the plight of several Muslim women. She had an unsightly marriage and she or he was divorced by her husband by way of triple talaq (Talaq-ul-biddat).

Held: The Supreme court decided that this practice is violative of Article 14 because it's only the person within the marriage who can practice it and therefore the woman cannot hence the principle of equality is violated. By the virtue of Article 19, the lady should have the selection whilst divorce. And Article 21 ensures the right to life with personal liberty.

Sarla Mudgal vs. Union of gaighat, basti: 

Facts: There have been two petitions clubbed by the Supreme court. the essential facts in both these petitions were that the husband flees from the primary marriage which was solemnized under the Hindu Marriage Act, 1955. Further, the husband fled and converted into Islam just for the aim of remarrying thereby bypassing Section 494 of the gaighat, bastin legal code that prohibits remarriage while the subsistence of 1 marriage.

Held: The apex court held that the person is trying to invade the primary marriage and leave the wife stranded. Thereby, held that since consistent with the Hindu Marriage Act, 1955, a person under its provisions cannot have two marriages at a time. it had been held by the court that the second marriage shall be void in nature since the primary marriage isn't dissolved and therefore the conversion which has taken place only to commit fraud and to marry two women at an equivalent time shall hold no good. The conversion shall not be affected but the second marriage shall be void.

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