Friday, May 12, 2017

Will Muslim men’s loose divorce rights

Will Muslim men undergo lawlessness for Divorce when Triple Talaq is banned in India. Now Triple talaq comes under the scanner of Judicial review of the Indian constitution by the supreme court of India in Shayara Bano v. Union of India case. In India fastest divorce is obtained by the Muslim men’s. There is no court to decide the case or no grounds of divorce for Muslim men’s to dissolve the marriage. But for Muslim women’s the dissolution of Muslim marriage Act, is the solution to get divorce from proper court for the limited grounds they have. In case of men there was no barrier or bondages in dissolving their marriage expect to pay maintenance for the iddat period which is maximum 3 month’s and to return the mahar amount. In India the state cannot enact any law which are gender biased under Article 15. It is on the open platforms that Triple talaq is against women’s and gender biased. Muslim men’s get divorce very faster than other men’s who want to wait for decades in the family court. And even in mutual consent an Hindu and a Christian should wait 6 months period after filing the case to have a decree under mutual consent with an pre-condition that the couples are separated one and two years before filing the case for Hindus and Christians respectively. But for the Muslims there was no such waiting period for mutual consent divorce, since they had no codified law except their personal law read with section 65 of Verma Act. Some deliberate discussions are going on whether personal law will come under the ambit of the state law. Some arguments are going the gender biased is the scale for the enactment of state laws and not for personal laws. Even on the recommendations of the law commission of India the gender biased personal laws of Hindus are converted in to gender equality codified laws. The abolition of coparcenery system and equal rights of property for women’s are the modern revolutionary laws in India. The draconian personal laws are now codified in to the rights protection laws. To put an end for all this disputes the Indian parliament should enact codified laws for the governance of Muslim matrimonial disputes as the other religions have their own in this country. Strucking of Triple Talaq without proper laws will bring only chaos in the Muslim community. Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218.

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