A Study on Women’s Divorce Rights in Hindu and Muslim Laws

  • Babita Devi
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  • Babita Devi

    Student at BRCM Law College, Bahal, Bhiwani, India

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Abstract

This study aims to investigate the relationship between the concept of divorce in India and the personal standards of the Muslim and Hindu cultures. People who voluntarily enter into matrimony do so with the understanding that their connection would last forever. So why are the provisions pertaining to divorce placed in personal laws? A Hindu man marries a Hindu woman in accordance with Hindu tradition. After a few years, if the male converts to Islam, the wife may seek for divorce under Section 13(ii) of The Hindu Marriage Act, 1955. Divorce typically has more types of causes than effects. After death, divorce is the cause of most pain. Specifically, the most frequent reasons for divorce are adultery and disdain for one another. When either or both partners don’t respect each other, the marriage gets frayed and hard to repair; sadly, the gap widens and eventually leads to divorce. Divorce is viewed as a matrimonial relief that ends the marriage of spouses. The rules of Mohammedan law cause the Muslim Marriage Act of 1939 to fall apart. They cannot file for annulment under any other court system if they tied the knot in compliance with Hindu immigration laws. The comparison of Hindu and Muslim law not only allows readers to thoroughly examine both laws but also tackles the questions raised.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2461 - 2471

DOI: https://doij.org/10.10000/IJLMH.117305

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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