The father of Safia Bibi lodged a complaint on behalf of his daughter, an unmarried twenty-year-old suffering from acute myopia, who had been subjected to Zina-bil- Jabr by Maqsood Ahmed whilst working for his family. Under shock she told her mother about the incident and refused to continue working for this family. Nonetheless, she reluctantly […]
Registrars play a crucial role in ensuring that the system of Registration allows for the recognition of marriage and divorce. Registrars also protects against illegal marriages such as the marriage of minors, the mentally handicapped who is incapable of informed consent, unwilling party(ies) and sale marriages. The experience of other Muslim countries have shown how […]
This may be particularly relevant for activists in jurisdictions where marital rape has not been criminalized. It may be an alternative strategy to take. “In Meera Dhungana for FWLD v. Ministry of Law an Justice (Nepal) 509 the Public Interest Litigation was filed with the Supreme Court stating that Section 1 of the Chapter on Rape did not include […]
For activists/lawyers interested in post-divorce maintenance for women. This is a remarkable judgment ruling divorced Muslim women to be paid maintenance beyond iddat, in India. It is also remarkable for its skill in interpretation and application. Case of Danial Latifi at http://indiankanoon.org/doc/410660/ Excerpt from Judgment While upholding the validity of the Act, we may sum up […]
The husband (appellant) was married to the wife (respondent) in 1932. In 1975 the husband drove the wife out of the matrimonial home. In April 1978, the wife filed a petition against the husband under Section 125 of the Criminal Procedure Code 1973 (hereinafter referred to as the ‘Code’/ ‘CrPC’) in the court of the learned Judicial […]
The marriage between the appellant and the first respondent took place in 1950 and a child was born of the marriage. After the birth of the child, the wife was taken away from the appellant by her parents. All the efforts by the husband to get his wife back failed and therefore the appellant filed a suit before the Munsif’s Court, Calicut, for restitution […]
The parties to the suit were married according to Muslim rites in 1995. Due to constant threats from the husband, the wife was forced to leave her matrimonial home in March, 1996. Meanwhile, the husband had remarried and refused to maintain despite having sufficient means. In 1997, she filed a maintenance petition invoking S. 125 of the Code […]
The appellant married the respondent in 1966 and during their conjugal life, a son was born to them. The respondent husband was an Additional Accountant in the State Bank of India, and was apparently quite wealthy. He neglected the appellant to an extent that she was driven out of her conjugal life and she sought shelter […]
Two suits were filed, one by Rabia Khatoon against her husband for dissolution of marriage and the other by Mukhtar Ahmad against the wife for restitution of conjugal rights. The marriage took place in 1948 and was consummated with the consent of the wife. In 1951, a child was born to them after which the wife went to live in her […]
Taj Bibi was married to Ahmad Yar (the appellant). According to her statement before a Magistrate, she was divorced on 6-8-1980 as she was maltreated and accused of bad character by her husband. Thereafter she went to the house of her parents. According to her, they wanted to give her hand to person whom […]
Husband and wife were married in India, and after they migrated to Pakistan, he deserted her. This was the reason that the respondent filed an application for maintenance allowance under section 448 of the Criminal Procedure Code. An order granting maintenance was issued by the Additional City Magistrate. However, the husband was dissatisfied and filed a revision application […]
The parties performed a nikah ceremony without rukhsati (the wife continued to live with her parents). So the marriage was unconsummated. In 1952 the wife filed a suit for dissolution of marriage on the following two grounds: That the husband had failed to provide maintenance for a period of more than two years. That the husband was associating with […]
Women's Rights Case Law 