Indian wife and husband relationship in islam

Polygamy in India - Wikipedia

indian wife and husband relationship in islam

A live-in relationship not only gives the couple an opportunity to know and a woman “lived like husband and wife” in a long-term relationship and under the Muslim Law the father has been absolved of such an obligation. Many Muslim husbands and wives treat each other like adversaries rather than It is very sad that this relationship which Allah has established for the good has. In recent years, however, having a relationship in India with a . I have a friend who happens to be a Muslim married to a Hindu woman, and I.

A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.

Legal Status of Live-in In most western countries there is a broader understanding of the idea of a couple in a relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc. However, it is not the same in India. Therefore, live-in relationships are legal in India.

Difference between marriage and live-in relationship Marriage: The institution of marriage is a socially and ritually accepted union and a contract between spouses that institutes rights and legal obligations towards each other. In light of the diverse culture in India, separate laws have been formulated which lay down the procedure and guidelines for proper execution of marriages in various religions.

Marriage laws have been created to provide remedies for disputes arising out of marriage in different religions. In addition to the law of maintenance under personal laws, Section of the Code of Criminal Procedure also provides for maintenance if the wife is cannot maintain herself.

Hinduism, marriage and mental illness

Women can also seek extra-maintenance apart from the maintenance received by her under any other law as per Section- 20 1 d of the Protection of Women from Domestic Violence Act. There is no law binding the partners together, and subsequently, either of the partners can walk out of the relationship, as and when they wish to do so.

indian wife and husband relationship in islam

There is no legal definition of live-in relationship, and therefore, the legal status of such type of relations is also unconfirmed. The right to maintenance in a live-in relationship is decided by the court by the Domestic Violence Act and the individual facts of the case. Though the common man is still hesitant in accepting this kind of relationship, the Protection of Women from Domestic Violence Act provides for the protection and maintenance thereby granting the right of alimony to an aggrieved live-in partner.

indian wife and husband relationship in islam

Protection against exploitation of women and children in live-in relationships Maintenance of lady partner The right of maintenance is available to wives under all personal laws in India.

However, none of the religions recognises and accept live-in relationships. Since no remedy is granted to women involved in a live-in relationship, Indian Courts have widened the scope of maintenance under the Criminal Procedure Code.

Live-In Relationship: Here Are the Rights You Need to Know

Therefore, Section- of the Criminal Procedure Code has been provided to give a legal right of maintenance to lady partners in or out of a marriage. Domestic Violence The Domestic Violence Act was enforced as an attempt to protect women from abusive physical, mental, verbal or economic marital relationships. Therefore, considering all this even the Supreme Court in a couple of cases has allowed live-in relationships to be covered within the ambit of the law specified. Children out of marriage Partners living together for a long time may have kids together.

Divorce in Islam: An Indian Legal Perspective

However, live-in couples are not allowed to adopt kids as per the Guidelines Governing the Adoption of Children as notified by the Central Adoption Resource Authority.

In case of dispute with respect to custody of the child, you may also consult a Child Custody Lawyer. Legitimacy and inheritance rights of children Inheritance rights of children are mentioned in Section- 16 of the Hindu Marriage Act, where the legal status of legitimacy is provided even to illegitimate children those born out of marriage for the sole purpose of inheritance.

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Therefore, inheritance rights have been granted to children born out of a live-in relationship. These rights are available in both ancestral and self-bought properties.

indian wife and husband relationship in islam

A polygamous Hindu marriage is null and void. Still, many Hindus, tribal people, and Buddhists practice it all over the country, rejecting the laws as such.

However, in a judgment in Februarythe Supreme court of India stated that "Polygamy was not an integral or fundamental part of the Muslim religion, and monogamy was a reform within the power of the State under Article 25" [8].

According to the census the last census to record such datapolygamy was actually less prevalent among Indian Muslims 5. Incidence was highest among Adivasis On 10 Februarythe Indian Supreme Court ruled that polygamy was not an integral part of Islam and justified the firing of an Uttar Pradesh government employee for violating UP Government Servant Rules following his marriage to a second woman.

Justices TK Thakur and AK Goel stated, "What was protected under Article 25 right to practice and propagate any religion was the religious faith and not a practice which may run counter to public order, health or morality.

Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article While it was reported that he had converted to Islam for the sake of the marriage, [15] he denied getting converted.

In the three cases, there was no political or legal impact.

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