anand law classes

  Q. 6. Discuss the law as to the right of maintenance of the wife from her husband under Muslim law in India. OR Examine the law of maintenance of wife under Muslim Law. How far this has been modified by Parliament and the judiciary? Discuss.   Ans. In the language of the Arabs 'nafaqah' (maintenance) means what a man spends with his family. In the language of the law, it signifies food, raiment and logging, though, in common parlance, it is limited to the first (i.e. food). General Principles of Maintenance under Mohammedan Law   The term maintenance may relate to the maintenance of wives, divorced wives, widows, children, old and infirm parents, concubines etc. Muslim personal law does not entitle a divorced wife to claim maintenance beyond period of Iddat. Muslim personal law would be applicable in cases where a divorced wife is capable of maintaining herself and husband's liability would cease after expiration of period of iddat Quran provides a dut

  Q. 5 . What do you understand by Iddat? Discuss the incidents, rights and duties of the parties during Iddat period?   Ans.       Meaning of Iddat 'Iddat' literally means 'numeration' and 'Uddat' means preparation for an object'. In law it means 'waiting for an opportunity which a man or a woman has to do on account of something which causes one to wait for Iddat, in Mohammedan law signifies the period of probation which a woman has to observe on the dissolution of her marriage (or death of husband). Iddat is a period of probation that a woman has to undergo when her marriage has been dissolved, after consummation, by the divorce of any kind or on the death of her husband. Definition of Iddat .-   Ameer Ali says that "It is an interval in which the woman is bound to observe between the termination, by death or divorce of one matrimonial alliance and the commencement of another." Iddat is the period during which i is incumbent upon

  Q. 4 (a) State the grounds on which a wife married under the Muslim Law can obtain a decree for the dissolution of her marriage under old Muslim law? (b) State the grounds on which a wife married under the Muslim Law can obtain a decree for the dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939. OR Who can sue for dissolution of marriage under the provisions of the Dissolution of Muslim Marriages Act, 1939 ? On what grounds can a marriage be dissolved under this Act? OR. Under what provisions of law can Muslim marriage be dissolved by the Courts of India and on what grounds?   Ans. Divorce By the wife   Grounds of dissolution of marriage recognised by Mohammedan Law . The wife can claim judicial dissolution on any other ground which is recognised as valid for the dissolution of marriages under Muslim Law [Section 2 (ix)]. [This clause covers the divorce by Ila, Zihar, Khula, Mubarat, Lian (lian means false accusation of adultery) and Tawfe

  Q. 3.  Define the concept of Divorce under Muslim Law? What are the different modes of Talaq recognised under Muslim Law? Describe the procedure of pronouncing a different kind of Talaq. When does Talaq become irrevocable? OR Explain the different kinds of Talaq and distinguish between Sunni and Shia law of Talaq.   Ans. Prior to Islam, divorce among the ancient Arabs was an easy and frequent occurrence. A divorce by Talaq is the mere arbitrary act of the husband who may repudiate his wife for his own pleasure. An Arab husband had absolute power to divorce his wife without cause. Prophet Mohammed restrained the power of divorce possessed by the husband. He is reported to have said that "with Allah, the most detestable of all things permitted is divorce". The Koran, though it gave a certain countenance to the old custom of divorce, restrained the power of divorce possessed by husbands. Divorce in Islam (Necessity of Divorce) Marriage is a blessing, and when