scholar in Muslim Law has done a commendable research in Fatimid Law and has written a "Compendium of Fatimid Law", which gives ... institution of a divorce and we may detest it but legally divorce is provided or permitted in many of the Mohammedan Laws.
It is almost
Sscholar in Muslim Law has done a commendable research in Fatimid Law and has written a "Compendium of Fatimid Law", which gives ... institution of a divorce and we may detest it but legally divorce is provided or permitted in many of the Mohammedan Laws
been
divorced yesterday or earlier, it leads to a divorce
between them, even if there be no proof of a
divorce on the previous ... stated is that a Muslim husband
under all schools of Muslim Law can divorce his wife by his unilateral
action and without the intervention
Smt. Fulabai Rambhau Koshire vs . on 10 June, 2013
Author: R. G. Ketkar
Bench: R
Smt. Fulabai Rambhau Koshire vs . on 10 June, 2013
Author: R. G. Ketkar
Bench: R
plea of limitation cannot be decided as an abstract principle
of law divorced from facts as in every case the starting point of
limitation ... question of fact. A
plea of limitation is a mixed question of law and fact. The question
whether the words "barred by law
local
law.
(3) Save as otherwise provided in any law
for the time being in force with respect to
marriage and divorce, nothing in this ... suit or other proceeding
under any such law.”
When it comes to the law of marriage and
divorce, the section speaks not only of suits
fact until after the issues of law have been determined. The
jurisdiction to try issues of law apart from the issues of fact ... plea of
limitation cannot be decided as an abstract principle of law divorced from
facts as in every case the starting point of limitation
that when a marriage was dissolved by a decree of divorce,
it shall be lawful for either of the spouses to marry again,
where either ... confusion of parentage. It was pointed out that even in
Mohammadan law a divorced wife is expected to marry any
other man only after
jurisdictional question is to be determined having regard to both fact and law involved therein. The Tribunal, in our opinion, committed a manifest error ... plea of limitation cannot be decided as an abstract principle of law divorced from facts as in every case the starting point of limitation
