divorce decree

The recent divorce law introduced in Afghanistan has sparked outrage, particularly for its endorsement of child marriages and limitations on women's rights to divorce. Critics label this as a glaring violation of human rights, viewing it as a step backward for freedom and self-determination.

The Bombay High Court dismissed a husband's divorce plea, stating a wife's failure to perform household chores does not constitute cruelty. Marriage is a partnership, not a service contract, and wives are not 'deemed maids.' The court also awarded the wife Rs 20,000 monthly for maintenance and accommodation.

The Supreme Court has upheld an aspect of the Hindu Marriage Act that restricts divorce petitions to wives under specified maintenance orders, dismissing a legal challenge against it. Justices Surya Kant and Joymalya Bagchi argued that this legal framework is essential for protecting women’s rights against societal inequities.

The Taliban regime in Afghanistan has enacted a new family law regulation, "Principles of Separation Between Spouses," which has drawn international criticism. A particularly controversial article interprets a virgin girl's silence after puberty as consent to marriage. The decree also addresses child marriage, divorce, and other marital disputes, granting fathers and grandfathers significant authority.

The Supreme Court has reinforced the right of women to follow their professional dreams, declaring that a wife's career choices should not be labeled as cruelty or abandonment, even if they upset her spouse or in-laws. By reversing lower court judgments, the apex court affirmed that a woman's personal and professional aspirations are crucial.

Chief Justice of India Surya Kant shared a personal anecdote about his own aspirations to become a judicial officer. He recounted how a senior judge's advice steered him towards a career at the Bar, ultimately leading him to his current position.

The central issue, however, was whether the earlier maintenance order stood extinguished because the High Court had observed that prior payments would constitute permanent alimony. The Court held that this question could not be answered in a blanket manner.

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Every week TOI+ subscribers send in legal questions and our panel of leading experts offer well-considered, practical, and actionable opinion on every query. From property disputes to inheritance matters, divorce queries to income tax issues, My Lawyer connects you directly with experts you can trust

India's constitutional journey towards a Uniform Civil Code (UCC) is highlighted, tracing its origins in the Constituent Assembly and the ongoing debate. Recent state-level UCC implementations in Gujarat and Uttarakhand are noted as significant steps.