mandate has been given to all the Muslims for a greater social purpose. If a Muslim man is not capable of fostering his wife ... Holy Quran as noted above all Muslims men have to deal justly with the orphans. A married Muslim man having his wife alive cannot marry
under the provisions of Section 125 Cr.PC.
8. Is a Muslim man, who has paid mahr (dower) to his former wife, still liable ... other words, whether payment of mahr by a Muslim man to his former wife would exempt him from his obligation to pay maintenance under
marital tie can be broken capriciously and
whimsically by a Muslim man without any attempt at
W.P.(C) No.10341/2018 Page ... nothing but an eye opener for those who think that a muslim man can
divorce his wife merely at his own whim or on caprice
required to be complied with for giving a Talaq by a Muslim man to his wife, he must
choose an Arbiter from his side ... marital tie can be
broken capriciously and whimsically by a Muslim man without any attempt at reconciliation
so as to save it. This form
Muslim Personal Law (Shariat) Application Act, 1937 was enacted to
make provision for application of Muslim Personal Law (Shariat) to the
muslim. Section ... governed by the Muslim Personal Law. The Act of 1937 does not create any
distinction on its applicability to the muslim man and muslim woman
edition) reiterates by citing Mulla that the nikah of a Muslim man with an
idolater or fireworshipper is only irregular and not void. He also ... position that a marriage between a Hindu woman and Muslim man is
merely irregular and the issue from such wedlock is legitimate has also been
conversion of religion of a Hindu girl at the instance of a Muslim boy, without any knowledge of Islam or faith and belief in Islam ... punishments. It is system of divine faith and worship.The quest of man for God is the foundation for religion and its essential function
offence can only be
committed by a Muslim man.
9 Having said that, we shall now deal with the contention that Section ... have observed
that an offence under the Act is by the Muslim man who has pronounced talaq
upon his spouse, and not the appellant
given triple talaq to her.
REASONING:
9. Muslims in India are governed by The Muslim Personal Law (Shariat)
Application Act, 1937 . Section ... been interpreted and applied to mean that
a Muslim man can have more than one marriage during the subsistence of one and
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issue about the constitutionality and legality of a divorce made by a Muslim male by uttering talaq three times at one sitting. Dr. Dhawan also ... question of the constitutionality and validity of a divorce by a Muslim man by uttering 'talaq' thrice in one sitting. We, therefore
