Post Divorce Right of Women: A comparative Study between Hindu and

Muslim

The final project submitted on complete fulfilment of the Family Law 1 course, during the
academic session 2019-2020, Semester-3.

Submitted by

NAME: ANDLIB IMROSE

Roll No.: 1915

Class: BA.LLB. (H), 3rd Semester.

Submitted to

Ms.Pooja Srivastava, Faculty of Family Law 1

August 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR,

PATNA- 800001.

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 ACKNOWLEDGEMENT

I would like to thank my faculty Ms.Pooja Srivastava, whose assignment of such a relevant
topic made me work towards knowing the subject with a greater interest and enthusiasm and
moreover she guided me throughout the project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with sources of research materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands who helped
me out at every stage of my project.

THANK YOU!
NAME-ANDLIB IMROSE
ROLL NO- 1915
3rdSemester (BA.LLB)

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DECLARATION

I hereby declare that the work reported in the BA.LLB (Hons.) Project Report entitled “Post
Divorce Right of Women: A comparative Study between Hindu and Muslim

” submitted at CHANAKYA NATIONAL LAW UNIVERSITY, PATNA is an authentic

record of my work carried under the supervision of Ms.Pooja Srivastava. I have not submitted

this work elsewhere for any other degree or diploma. I am fully responsible for the contents

of my project report.

ANDLIB IMROSE

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

21/08/2019

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 RESEARCH METHODOLOGY

Method of Research

The researcher will adopt a purely doctrinal method of research. The researcher has made
extensive use of the library at the Chanakya National Law University and also the internet
sources.

Sources of Data

The following secondary sources of data will be use in the project

1. Cases

2. Books

3. Internet

Method of Writing

The method of writing will be followed in the course of this research paper is primarily
analytical.

Limitation

The presented research is confined to a time limit of one month and this research contains
doctrinal works, which are limited to library and internet sources and empirical research.

Research Question

1. What are essential ceremonies to be solemnized for valid marriage under Hindu Law
2. What constitute a valid marriage under Muslim Law
3. Divorce under Hindu Law and Muslim Law
4. What are the post divorce rights of a Women under Hindu Law and Muslim Law

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 TABLE OF CONTENT

ACKNOWLEDGEMENT-------------------------------------------------------2

DECLARATION------------------------------------------------------------------3

RESEACH METHODOLOGY--------------------------------------------------4

CHAPTER 1: INTRODUCTION------------------------------------------------5

CHAPTER 2: MARRIAGE UNDER HINDU LAW------------------------ 7-9

CHAPTER 3: MARRIAGE UNDER MUSLIM LAW------------------------- 10-11

CHAPTER 4: DIVORCE UNDER HINDU LAW----------------------------- 12-15

CHAPTER 5: DIVORCE UNDER MUSLIM LAW----------------------------- 16-18

CHAPTER 6: POST DIVORCE RIGHT OF A WOMEN( HINDU LAW & MUSLIM LAW
A COMPARATIVE STUDY)------------------------------------------- 19-30

CHAPTER 7: CONCLUSION AND SUGGESTION------------------------ 31-32

BIBLIOGRAPHY

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 CHAPTER 1-INTRODUCTION

Marriage, a legally and socially sanctioned union, usually between a man and a woman, that
is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties
of the partners and accords status to their offspring (if any). 1Some form of marriage has been
found to exist in all human societies, past and present. Its importance can be seen in the
elaborate and complex laws and rituals surrounding it. Although these laws and rituals are as
varied and numerous as human social and cultural organizations, some universals do apply.
In societies in which the large, or extended, family remains the basic unit, marriages are
usually arranged by the family. The assumption is that love between the partners comes after
marriage, and much thought is given to the socioeconomic advantages accruing to the larger
family from the match. By contrast, in societies in which the small, or nuclear, family
predominates, young adults usually choose their own mates. It is assumed that love precedes
(and determines) marriage, and less thought is normally given to the socioeconomic aspects
of the match. Marriage ceremonies include symbolic rites, often sanctified by a religious
order, which are thought to confer good fortune on the couple. These traditions are, to a
certain extent, shaped by the religious beliefs and practices found in societies throughout the
world. In the Hindu tradition, for example, weddings are highly elaborate affairs, involving
several prescribed rituals. Marriages are generally arranged by the parents of the couple, and
the date of the ceremony is determined by careful astrological calculations. Christianity has
emphasized the spiritual nature and indissolubility of marriage. Jesus Christ spoke of
marriage as instituted by God, and most Christians consider it a permanent union based upon
mutual consent. In Islam marriage is not strictly a sacrament but is always understood as a
gift from God or a kind of service to God. The basic Islamic tenets concerning marriage are
laid out in the Qurʾān, which states that the marital bond rests on “mutual love and mercy”
and that spouses are “each other’s garments.” Muslim men may have up to four wives at one
time (though they seldom do), but the wives must all be treated equitably.

1
https://www.britannica.com/topic/marriage(Accessed on 15th August 2019; 3:00pm)

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 CHAPTER 2-MARRAIGE UNDER HINDU LAW

The concept of marriage is to constitute relationship of husband and wife. According to

ancient Hindu law, marriage is the last of ten sacraments and is a sacred tie which can never
be broken. It is a relation established by birth to birth. According to Smritikars even death
cannot break this relation of husband and wife which is not only sacred and religious
but is a holy union also. The object of marriage was to enable a man and a woman perform
religious duties and to beget progeny. According to ancient writers a man was incomplete
without a woman and a woman is half of her husband (ardhangini) and completes him.

Hindu Marriage is sacramental in nature.

The sacramental nature of marriage has three characteristics:

1. It is a permanent union i.e. once tied cannot be untied.

2. It is an eternal union i.e. valid not only in this life but in lives to come.

3. It is a holy union i.e. performance of religious ceremonies is essential.

Since Hindu marriage was considered to be sacrament, the consent of the parties did not
occupy any important place. Thus the person married may be a minor or even of unsound
mind, if the marriage is duly solemnized there is valid marriage. Under the Contract Act, the
contract of a minor or of a person of unsound mind is void. Further, Section 12 of Hindu
Marriage Act does lay down that a marriage is voidable if consent is obtained by fraud or
force, but it is not laid down that if one’s consent was not obtained the marriage is voidable.
This shows that despite the fact that a party is able to prove the absence of consenting mind,
the marriage will continue to remain valid. The modern concept of marriage is contractual in
nature. It receives the ideals of liberty and equality (free volition of individuals). Today, it is
an established notion of the west that marriage, to be effective, must be an agreement
voluntarily entered into by both parties. In the light of modern concept of marriage could
we say that Hindu marriage continues to be sacrament? By recognising the divorce and
widow remarriage the first two characteristics of sacramental marriage have been
waived. However, the third characteristic is still retained. We can say that now hindu
marriage has not remained a sacrament but it also has essence of contarct.

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In case of Champa Devi v Lt. Governor of Delhi2the Court went on to observe that
under Hindu Law, marriage is a sacrament and not a contract which can be entered
into by execution of a marriage deed.

Marriage among Hindus being a religious and sacred tie, performance of certain
ceremonies is still necessary for a valid marriage. There were three important stages
wherein certain ceremonies were to be performed. They were:

1. Betrothal or Sagai: it is a formal promise to give the girl in marriage.

2. Kanyadan: It is actual giving away of the girl in marriage by her father.

3. Saptapadi: it consisted in performing a ceremony of taking seven steps before the

sacred fire by the bride and the groom. The performance of Saptapadi marked the
completion of a marriage. It made the marriage irrevocable.

As per Section 7 of Hindu marriage Act, a marriage is a ceremonial affair. If Saptapadi

is an essential part of the ceremonies of marriage, its non-performance will invalidate
the marriage.

In case of AppiBai v Khimji3, AIR 1936, BOM H.C Bombay High Court held that for the
validity of the marriage, the 2 essential ceremonies are LazzaHoma and Saptapdi.

In case of Ram Piyar v Devroma the court held that for a valid marriage Satapadi should be
performed. It also seems to be settled that in the Gandharva form of marriage which is
available to all hindus and which is a marriage of mutual consent of the Bride and
Bridegroom the ceremony of Kanyadan is not necessary.

In case of NitinAggarwal v RekhaAggarwal4AIR 2017, Bombay High Court Hearing an

appeal Nagpur Bench of Bombay high court held that simply performing 2 rites that is
sindoor and mangalsutra doesn’t make a valid marriage. The ceremonies claimed by wife
were not prescribed by law or approved by custom, therefore the marriage doesn’t come
within perview of section 7 of Hindu Marriage act.
2
https://blog.scconline.com/post/2017/02/02/second-wife-not-legally-married-cannot-claim-compassionate-
appointment/(Accessed on 15th August2019; 3:15pm)
3
https://www.lawyerservices.in/Bai-Appibai-Versus-Khimji-Cooverji-1934-12-14(Accessed on 15th August
2019; 3:45pm)
4
https://blog.scconline.com/post/2017/02/17/sindoor-and-mangalsutra-does-not-validate-a-marriage-under-
hindu-marriage-act/(Accessed on 16th August 2019; 3:00pm)

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Hindu Marriage Act allows inter-caste marriages. But marriage between a Hindu and a Non-
Hindu is not permissible under Hindu Marriage Act and such a marriage if performed in
India, will be invalid. But foreign country such marriage is valid. Such marriage is also valid
in India, if performed under the Special Marriage Act, 1954.

Conditions for the validity of marriage (Section 5 of Hindu Marriage Act)

1. Neither party has a spouse living at the time of the marriage;

2. At the time of the marriage, neither party: Is incapable of giving a valid consent to in
consequences of unsoundness of mind; or .Though capable of giving a valid consent,
has been suffering from mental disorder of such a kind or to such an extent as to be
unfit for marriage and the procreation of children; or .Has been subject to recurrent
attacks of insanity or epilepsy.

3. The bridegroom has completed the age of twenty one (21) years and the bride the age
of eighteen years at the time of marriage.

4. The parties are not within the degrees of prohibited relationship unless the custom or
usage governing each of them permits of a marriage between the two;

5. The parties are not sapindas of each other, unless the custom or usage governing each
of them permits of a marriage between the two.

In case of Vijay Kumar v DevBalam, AIR 2003, Kerala High Court

A marriage between a hindu man who is converted as a Christian and married a
Christian lady in a hindu form is not valid marriage. According to the Section 5 of the
Act, a marriage can be solemnized between two hindus only.

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 CHAPTER 3- MARRIAGE UNDER MUSLIM LAW

Marriage (nikah) is defined to be a contract which has for its object the procreation and the
legalizing of children. Marriage according to the Mahomedan law is not a sacrament but a
civil contract. Ashabah says: “Marriage is a contract underlying a permanent
relationship based on mutual consent on the part of a man and woman.”

For a valid Islamic marriage, the following Condition must be satisfied

1. The Parties must have capacity to marry

2. There must be a clear proposal and acceptance
3. Free Consent

1. Capacity to Marriage Every Muslim of sound mind, who has attained puberty, may enter
into a contract of marriage. 5Puberty means the age at which a person becomes adult (capable
of performing sexual intercourse and procreation of children). A person is presumed to have
attained the age of puberty on the completion of 15 years. So the boy and girl who has
attained puberty can validly contract a marriage .

2. Proposal and Acceptance Under the Muslim law for the validity of a marriage there must
be a proposal and acceptance at the same meeting. The proposal and acceptance must both be
expressed at one meeting; a proposal made at one meeting and acceptance made at another
meeting does not make a valid Muslim marriage.

3. Free consent Free consent of the parties is absolutely necessary for a valid marriage .If
there is no free consent a Muslim marriage is void.

Justice Mahmood observed “ Marriage among Muhammedans is not a sacrament, but

pureply a civil contract; and though it is solemnized generally with the recitation of
certain verses from the Quran, yet the Muhammedan law doesn’t positively prescribe

5
https://www.lawctopus.com/academike/marriage-under-muslim-law/#_edn6(Accessed on 16th
August 2019; 3:47pm)

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any service peculiar to the occasion.” In a lucid and erudite judgment PareedPillay, J. of the
Kerala High Court, in Adam v. Mammad6, has set out the salient feature of Islamic law of
marriage. In the case before him, he held that where the girl’s father had given his consent,
and the daughter had withheld hers, no valid marriage had taken place. Here the judge cited J.
Mahmood’s classic dicta in Abdul Qadir’s case, and upheld that for the validity of a
marriage, consent is a must. In Yusuf v. Sowramma7, there is a popular misconception by J.
V.R. Krishna Iyer that no religious significance or social solemnity attach to Muslim
marriage and it is merely a civil contract. The learned judge doesn’t put forward any definite
argument and hasn’t gone through the principles of Shariah it is said. Though sacramental
nature of marriage is considered as an orthodox view it is also supported by the
Judiciary. Anis Begum v. Mohammad Istafa8, is a leading case on the point where C.J Sir
Shah Sulaiman has tried to put a more balanced view of the Muslim marriage by holding it
both a civil contract and a religious sacrament.

6
(1990) (1) KLT 172.(Accessed on 17th August 2019; 5:00pm)
7
AIR(1971) Ker. 261.(Accessed on 17th August 2019;9:00pm)
8
(1933)55 AP 743(Accessed on 18th August 2019;6:15pm)

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 CHAPTER 4 -DIVORCE UNDER HINDU LAW

There are basically three theories for divorce-fault theory, mutual consent theory &
irretrievable breakdown of marriage theory. Under the Fault theory or the offences theory or
the guilt theory, marriage can be dissolved only when either party to the marriage has
committed a matrimonial offence. Another theory of divorce is that of mutual consent. The
underlying rationale is that since two persons can marry by their free will, they should also be
allowed to move out of the relationship of their own free will. The third theory relates to the
irretrievable breakdown of the marriage. The breakdown of marriage is defined as such
failure in the matrimonial relationships or such circumstances adverse to that relationship that
no reasonable probability remains for the spouses again living together as husband & wife. In
modern Hindu law, all the three theories of divorce are recognized & divorce can be obtained
on the basis of any one of them. The Hindu Marriage Act, 1955 originally, based divorce on
the fault theory, and enshrined nine fault grounds in Section 13(1) on which either the
husband or wife could sue for divorce, and two fault grounds in Section 13(2) on which wife
alone could seek the divorce. In 1964, by an amendment, certain clauses of Section 13(1)
were amended in the form of Section 13(1A), thus recognizing two grounds of the breakdown
of the marriage. The 1976 amendment Act inserted two additional fault grounds of
divorce for wife & a new section 13B for divorce by mutual consent.

The various grounds on which a decree of divorce can be obtained are as follows:- (Section
13(1)9

1. Adultery Adultery means the consensual and voluntary intercourse between a married
person with another person, married or unmarried, of the opposite sex. Even the intercourse
between the husband and his second wife i.e. if their marriage is considered under bigamy,
the person is liable for the Adultery. The concept of Adultery was inserted under the Hindu
Marriage Act by the Marriage Laws Amendment Act, 1976.

2. CrueltyThe concept of cruelty includes mental as well as physical cruelty. The physical
cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the
concept of mental cruelty was added as the spouse can also be mentally tortured by the other

9
https://blog.ipleaders.in/grounds-divorce-the-hindu-marriage-act/(Accessed on 18th August
2019;6:45pm)

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spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person.
Well it is easy to determine the nature of physical cruelty but difficult to say about mental
cruelty.

3. DesertionDesertion means the permanent abandonment of one spouse by the other spouse
without any reasonable justification and without his consent. In General, the rejection of the
obligations of marriage by one party.

4. Conversion If one of the spouses converts his religion to any other religion without the
consent of the other spouse, then the other spouse can approach the court and seek the
remedy of divorce.

5. InsanityInsanity means when the person is of unsound mind. Insanity is a ground of

divorce

6. LeprosyLeprosy is an infectious disease of the skin, mucous membranes, nervous system

etc. this disease is transmitted from one person to another. Thus it is considered as the valid
ground for divorce.

7.Venereal Disease Under this concept, if the disease is in communicable form and it can be
transmitted to the other spouse, then this can be considered as the valid ground for divorce.

8. RenunciationIt means when one of the spouses decide to renunciate the world and walk
on the path of the God, then the other spouse can approach the court and demand the divorce.
In this concept the party who renunciates the world is considered as civilly dead. It is a
typical Hindu practice and considered as a valid ground for divorce.

9. Presumption of DeathIn this case, the person is presumed to have died, if the family or
the friends of that person does not hear any news about the person alive or dead for seven
years. It is considered as the valid ground for divorce, but the burden of proof is on the person
who demands the divorce.

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Wife’s Special Grounds For Divorce10

Besides the grounds enumerated above, a wife has been provided four additional grounds of
divorce under Section 13(2) of the Hindu Marriage Act, 1955. These are as follows-

Pre-Act Polygamous MarriageThis clause states the ground for divorce as, “That the
husband has another wife from before the commencement of the Act, alive at the time of the
solemnization of the marriage of the petitioner. For example, the case of Venkatame v.
Patil where a man had two wives, one of whom sued for divorce, and while the petition was
pending, he divorced the second wife. He then averred that since he was left only with one
wife, and the petition should be dismissed. The Court rejected the plea. Such a ground is
available if both the marriages are valid marriages & the other wife (2nd wife) should be
present at the time of filing of the petition. However, today this ground is no more of
practical importance.

Rape, Sodomy Or BestialityUnder this clause, a divorce petition can be presented if the
husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
bestiality.

Non-Resumption Of Cohabitation After A Decree/Order Of Maintenance If a wife has

obtained an order of maintenance in proceedings under Section 125, Cr.P.C., 1973 or a
decree under Section 18, Hindu Adoption & Maintenance Act, 1956 & cohabitation has not
been resumed between parties after one year or upwards, then this is a valid ground for suing
for divorce.

Repudiation Of MarriageThis provision provides a ground for divorce to the wife when the
marriage was solemnized before she attained the age of fifteen years, and she has repudiated
the marriage, but before the age of eighteen. Such repudiation may be express (written or
spoken words) or may be implied from the conduct of the wife (left husband & refused to
come back). Moreover, this right (added by the 1976 amendment) has only a retrospective
effect i.e. it can be invoked irrespective of the fact that the marriage was solemnized before or
after such amendment.

Section 13(1A) in The Hindu Marriage Act, 195511

10
https://www.lawctopus.com/academike/divorce-under-hindu-law/(Accessed on 19th August
2019;12:15am)

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Either party to a marriage, whether solemnised before or after the commencement of this
Act, may also present a petition for the dissolution of the marriage by a decree of divorce on
the ground—

(i) that there has been no resumption of cohabitation as between the parties to the marriage
for a period of [one year] or upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage
for a period of [one year] or upwards after the passing of a decree for restitution of conjugal
rights in a proceeding to which they were parties.

Concept of Divorce with Mutual Consent As per Section 13B, the person can file the
petition for divorce by mutual consent of both the parties.12 If the parties want to dissolve
their marriage as a mutual consent are required to wait for one year from date of marriage.
They have to show that they are living separately for one or more year and not able to live
with one another.

11
https://indiankanoon.org/doc/1646471/#targetText=Section%2013(1A)%20in%20The%20Hindu%20Marriage
%20Act%2C%201955&targetText=(ii)%20that%20there%20has%20been,to%(Accessed on 2nd September
2019;12:15am)
12
https://www.srdlawnotes.com/2018/07/divorce-by-mutual-consent-hindu.html(Accessed on 2nd
September 2019;12:30am)

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 CHAPTER 5 DIVORCE UNDER MUSLIM LAW

Usually, both the parties have equal specific rights in the marriage contract. However, in
Muslim Law, the husband’s right is far greater than that of the wife. The husband is capable
of dissolving the marriage at his will. A Husband may divorce in the following ways

Talaaq: This means “setting free” or “letting loose” from the marriage tie immediately or
eventually.

Ila: where a husband in his senses takes a vow that he will refrain from all kinds of
relationship with his wife.

Zihar: where a sane and adult husband compares his wife to his mother or any other woman
within the prohibited relationships.

There are two major forms of Talaq:-

1. Talaq-ul-Sunnat;-This form of Talaq is based on the Prophet’s tradition (Sunna) and as

such is considered as most approved form of Talaq. Talaq was in-fact considered as an evil
and in case it became/becomes impossible to avoid this evil then the best method is Talaq-ul-
sunnat, wherein there is a possibility of revoking the effects of this evil. It is also called as
revocable Talaq for the reason that Talaq does not become final at once and there always
remain a possibility of compromise between the husband and wife. Only this kind of Talaq
was in practice during the life of the Prophet. This mode of Talaq is recognized both by
Sunnis as well as by the Shia’s.

Talaq-ul-Sunnat may be pronounced either in Ahsan or in the Hasan form:-

(i) Talaq-Ahsan This is the most proper form of repudiation of marriage. The reason is
twofold: First, there is possibility of revoking the pronouncement before expiry of the Iddat
period. Secondly, the evil words of Talaq are to be uttered only once. Being an evil, it is
preferred that these words are not repeated.

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(ii)TalaqHasan (Proper) This Talaq is also regarded to be the proper and approved form of
Talaq. In this form too, there is a provision for revocation. But it is not the best mode because
evil words of Talaq are to be pronounced three times in the successive Tuhrs.

2. Talaq-ul-Bidaat or Triple Talaq(Irrevocable): This Talaq is also known as Talaq-ul-

Bain. It is a disapproved mode of divorce. A peculiar feature of this Talaq is that it becomes
effective as soon as the words are pronounced and there is no possibility of reconciliation
between the parties. The Prophet never approved a Talaq in which there was no opportunity
for reconciliation.

ShayaraBano and others v. Union of India and others, 13Writ Petition (C) No. 118 of
2016 The Supreme Court of India set aside the practice of talaq-e-bidat, which allowed
certain Muslim men to divorce their wives instantaneously and irrevocably, on the basis
that it violated the Constitution of India. The case itself does not primarily focus on
gender justice but has strong positive implications on advancing women’s rights and
gender equality in India.

Divorce by Wife A wife cannot get a divorce from her husband without his approval. She
can, of course, acquire divorce from her husband and can have the marriage dissolved by
Tafweez. If the husband puts false charges of infidelity or unchastity against his wife, then
this is considered character assassination. In that case, the wife gets the right to demand
divorce on these grounds by Lian. Khulʿ (mutual divorce)Khulʿ is a contractual type of
divorce that is initiated by the wife. A khul' is concluded when the couple agrees to a divorce
in exchange for a monetary compensation paid by the wife, which cannot exceed the value of
the mahr she had received.

Judicial Divorce: Marriage may also be dissolved by court verdict under the Dissolution of
Muslim Marriage Act, 1939. Under this Act, a wife may ask for a divorce by a court ruling
on any of the grounds specified in the Act. The Act is only applicable to the wives married
under Muslim law.

Woman’s Right To Divorce Under The Dissolution of a Muslin Marriage Act. 1939

A Muslim woman may seek divorce on the following grounds, namely:

13
https://www.escr-net.org/caselaw/2018/shayara-bano-and-others-v-union-india-and-others-writ-petition-c-
no-118-2016(Accessed on 2nd September 2019;1:15am)

17 | P a g e
 That the whereabouts of the husband have not been known for a time span of 4 years.
 That the husband has been sentenced to imprisonment for a period of 7 years or more.
 That the husband has neglected or has failed to provide her maintenance for a period of 2
years.
 That the husband has been mentally ill for 2 years or is suffering from leprosy or a virulent
form of venereal disease.
 That the husband was impotent at the time of marriage and continues to be so.
 That the husband has failed to fulfill his marital obligation for a period of 3 years.
 The women, having been married off by her father or another guardian before she attained
was 15 years of age, rejected the marriage before she turned 18.

18 | P a g e
 CHAPTER 6-Post Divorce Right of a Women( Hindu Law and Muslim Law a
comparative Study)

(UNDER HINDU LAW)

Right to Claim Maintenanace

Maintenance is a right to get necessities which are reasonable from another. it has been held
in various cases that maintenance includes not only food, clothes and residence, but also the
things necessary for the comfort and status in which the person entitled is reasonably
expected to live. Right to maintenance is not a transferable right. The relief of maintenance
is considered an ancillary relief and is available only upon filing for the main relief like
divorce, restitution of conjugal rights or judicial separation etc.14

Maintenance (Alimony) under Hindu Marriage Act, 1955

Alimony means the allowances which husband or wife by court order pays to other spouse for
maintenance while they are separated or after they are divorced (permanent alimony) or temporarily,
pending a suit for divorce (pendentelite). The principle is that one who is unable to maintain oneself,
has a right to be maintained. The object is not to publish but to make realize one’s legal liability, to
provide for those who are unable to support themselves, to make the weaker section of the society to
exist the live, to prevent destitution on public grounds and on the basis of moral support as well, the
subject is legally acknowledged.

Maintenance PendenteLite:

Section 24 provides that in any proceedings under the Act, if the Court is of the opinion that either
the wife or the husband has no independent income for her or his support and the necessary expenses
of the proceedings, it may, on the application of one spouse, order the other spouse to pay –
(i) The expenses of the proceedings; and

(ii) During the proceeding, such sum monthly, as the Court feels reasonable, having regard to
the income of both the spouses.

14
http://www.legalserviceindia.com/articles/hmcp.htm(Accessed on 2nd September 2019;1:18am)

19 | P a g e
 Permanent Alimony: Section 25

Section 25 makes provisions for the grant of permanent alimony. The object of this section is to treat both the
husband and the wife on equal footing for the purpose of financial assistance to be rendered permanently to
the spouse who is poverty-stricken without having any independent income of its own for maintenance and
support. This grant of permanent alimony and maintenance is circumscribed by two conditions. First, this
grant will remain in force till the applicant remains unmarried and pursues the chaste life. Secondly, this
grant is the personal right of the applicant and extinguishes with the death of the applicant. This section
differs from the provisions of similar legislations on this issue to the effect that under analogous laws
permanent alimony is granted only to the wife, but this section recognizes this right for both the spouses alike
following the legal principle of equality before law. Though Section 25 does not use the expression
‘permanent alimony’ in any part of the enactment, the marginal note to the section clearly shows that
the section is intended to deal with permanent alimony.

The concept of ‘permanent alimony’ is not an indigenous concept grown on the soil and there was no law of
divorce amongst Hindus in the country. The reason for awarding permanent alimony to the wife seems to
be that if the marriage bond which was at one time regarded as indissoluble is to be allowed to be
severed in larger interest of society, the same considerations of public interest and social welfare also
require that the wife should not be thrown on the street but should be provided for in order that she
may not be compelled to adopt a disreputable way of life. The provision for permanent alimony is,
therefore, really incidental to the granting of a decree for judicial separation, divorce or annulment of
marriage and that also appears to be clearly the position if the language of Section 25 is looked at. The right
of permanent alimony is statutory right and as such it cannot be abridged or taken away by any contract of
the parties to that effect. Thus the husband cannot contract out nor is the wife bound by any such contract. It
is significant to note that the relief of permanent alimony is a relief incidental to the granting of the
substantive relief by the Court in the main proceeding. It is an incidental relief claimed in the main
proceeding, though an application is necessary for claiming it. The application is an application in the main
proceeding for claiming an incidental relief consequent upon the granting of the substantive relief by the
Court.

Section 25 does not deprive the wife of her right of maintenance even if the divorce is granted on the
ground of desertion on the part of the wife. The Court can in appropriate cases grant relief of maintenance
to women from the estate of her deceased husband even though it is found by the Court that the marriage was
void. It may be noted that in sub-section (1) of Section 25, apart from various other matters to be taken into

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account, the Court is also to take into account “the conduct of the parties” when a request is made for
payment of alimony and maintenance. Sub-section (2) provides for the Court varying, modifying or
rescinding any order already passed under sub-section (1) on being satisfied that there is a change in the
circumstances of either party at any time after the order was passed under sub-section (1). But there is
another special provision contained in sub-section (3) making it obligatory on the Court to cancel an order
passed under sub-section (1), under the circumstances mentioned in that sub-section, the Court has to cancel
an order passed under Section 25(1). These circumstances are:—

(i) The party in whose favour maintenance is awarded has remarried.

(ii) If that party is the wife, that she has not remained chaste, and

(iii) If such party is the husband, that he had sexual intercourse with any women outside wedlock.

In the context of Section 25 the expression, “only decrees” means any of the decree referred to in the earlier
provision of the Act, i.e. nullity of marriage, or of divorce passed under Sections 9 to 14 of the Act. When the
main petition is dismissed and no substantive relief is granted under Sections 9 to 14, there is no passing of a
decree as contemplated by Section 25 and the jurisdiction to make an order for maintenance under the section
does not arise. The term “any decree” in the section, however, cannot be construed to include “every decree”.

In BhauSaheb v. Leelabai the issue involved was whether an order dismissing a wife’s petition seeking
declaration that marriage was valid can come under the return “any decree”. The
Court considered some hypothetical situation to indicate that the term “any decree” cannot be expanded or
streched too liberally to include any Court order.

Criminal Procedure Code, 1973, Section125 – This section provides for maintenance not only to the
wife but also to child and parents. Court may order a husband who has sufficient means but neglects
or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to
her. However, wife shall not be entitled to receive maintenance if she is living in adultery, or refuses to
live with husband without any sufficient reasons, or living separately with mutual consent. According
to this section Wife includes a women who has been divorced by or has obtained a divorce from her
husband, and has not remarried.

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In case of D. Velusamy v D. Patchaiammal15it has been held by the Supreme Court that “Wife” in
Section 125 CrPC means a legally wedded wife and also includes a divorced wife.

Kamala and ors. v. M.R. Mohan Kumar16The Supreme Court in this recent case has reiterated the settled
principle of law that unlike other matrimonial proceedings, a strict proof of marriage is not essential in claim
of maintenance under Section 125 of CrPC and that when the parties live together as husband and wife, there
is a presumption that they are legally married couple for claim of maintenance under Section 125 CrPC. The
Two-Judge Bench of the Supreme Court in view of the evidence and material available on record allowed the
appeal holding that there was a valid marriage between the parties and moreover a strict proof of marriage
was not a pre-requisite for claiming maintenance under Section 125 of CrPC.

Utpal Das v. RinkiSarkar17A Bench of A.S. Bopanna, CJ and Sanjay Kumar Medhi, J. Of Guwahati High
Court dismissed an appeal filed by the appellant-husband against family court’s order granting alimony of Rs
2.5 lakhs to the respondent-wife. Undisputed facts of the case are that the parties were formerly married to
each other. Some marital disputes arose and the husband filed a petition seeking divorce which was granted
by the family court. Subsequent to the divorce decree, the wife filed a petition under Section 25 of the Hindu
Marriage Act, 1955 seeking permanent alimony of Rs 15 lakhs. Partly allowing the wife’s application, the
family court awarded her alimony of Rs 2.5 lakhs. Aggrieved thereby, the husband filed the present appeal.
Regarding the alleged agreement, the family court observed and the High Court noted that what was
submitted in the divorce proceedings was a photocopy of the said agreement. The family court took note of
the same and concluded that it was not enforceable. The High Court observed, “the law is well settled that
the maintenance or the alimony to be granted is to enable the party who seeks the same subsequent to
the dissolution of the marriage to maintain herself. At that stage, what would be relevant is as to
whether the party seeking for such maintenance or alimony is able to maintain herself.” As such, the
High Court was of the opinion that the family court rightly held that the wife was entitled to receive alimony.
Also, no error was found with the quantum of alimony so granted. Holding it to be devoid of merits, the
Court dismissed the appeal.

15
(2010) 10 SCC 469(Accessed on 5th September 2019;4:15pm)
16
https://lawstreet.co/judiciary/strict-proof-of-marriage-not-necessary-for-maintenance-proceedings-u-s-125-
cr-p-c-says-sc-read-judgment/(Accessed on 5th September 2019;5:15pm)
17
https://blog.scconline.com/post/2019/03/12/gau-hc-wife-granted-alimony-under-s-25-hma-in-spite-of-no-
claim-agreement-with-husband/(Accessed on 5th September 2019;6:45pm)

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What should be the Quantum of Maintenance? The Supreme Court answered this question
in the case of Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy by holding
that 25% of the husband’s net salary would be just and proper as maintenance to wife.
The Supreme Court while deciding the review petition made reference to the case of Dr.
Kulbhushan v. Raj Kumari & Anr. wherein it was held that 25% of the husband’s net
salary would be just and proper to be awarded as maintenance to the respondent-wife.

Other remarkable observations made by the Court in the case were:

 That the amount of permanent alimony awarded to the wife must be befitting the
status of the parties and the capacity of the spouse to pay maintenance.
 That maintenance is always dependant on the factual situation of the case and the
Court would be justified in moulding the claim for maintenance passed on various
factors.

A similar observation has been recently made by the High Court of Kerala in the case
of Alphonsa Joseph v. Anand Joseph, wherein the Court remarked that Maintenance to
Wife can’t be rejected on ground that she is earning

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Women have Right over Steedhan Streedhan is nothing but all the gifts which can in the form of wealth,
cash, property, jewellery etc of the wife gets at the time of marriage. Streedhan is different from dowry.
Dowry is basically asked forced fully by the family but streedhan is something which is given to daughter
after her marriage voluntarily. In the case of streedhan it do not matter that that have the possession of over
streedhan. According to the law of the Indian constitution every wife has solely ownership right over the
streedhan. 18So in every condition it belongs only to the wife.

Right to Ancestral Property A married woman has to be provided with shelter and maintenance by husband
after the divorce. If she is a member of a joint family then she will be entitled to equal share of the husband,
jointly with his mother and her children(after his death).

Child custody under Hindu LawA Hindu child’s custody is decided according to Guardian and Wards Act,
1890 along with Hindu Minority and Guardianship Act, 1956 which also includes Jain, Buddhists and The
Sikhs. According to with Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5
years has to remain under the custody of mother so as to provide emotional and moral grounds.
The natural guardian is generally considered as father, otherwise mother.

If the custody of the father is not suitable for the welfare of the child, or not better than that of
mother’s, then cannot claim any indefeasible right.

The custody of the child can shift from one to another, depending upon the welfare and
secure future of the child.

In case of Bimla and others V Anita. it has been held by the Supreme that Mother is the
best person to bring up her minor son and to effectively take care of his intrest and in indeed,
the welfare of child lies with his mother.

In case of Roman Sharma V Aruna Sharma AIR 2015 SC 2232, The custody of the child
below age of 5 years was given to mother who was highly qualified than husband and had
regular income from salary.

18
https://www.lawctopus.com/academike/streedhan-right-woman/(Accessed on 5th September
2019;7:18pm)

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Right of Muslim divorced woman to maintenance

In Shah Bano Begum v. Mohd. Ahmad Khan 19, the five judges bench of the SC held that
a Muslim husband having sufficient means must provide maintenance to his divorced wife
who is unable to maintain herself . whether the spouses are Hindus, Muslims, Christians .etc.
is wholly irrelevant to the application of section 125 of Cr.P.C . It was held that a
Muslim Divorced woman who cannot maintain herself is entitled to maintenance from her
former husband till the time she gets remarried. The contention that deferred mahr (Dower) is
a payment on the divorce of a wife and hence such payment under the personnel law excludes
the payment of any maintenance by the husband to the wife was also rejected. It was said that
under section 127 (3) (b) Cr.P.CMahr is an amount which the wife is entitled to receive from
the husband in consideration of the marriage.7

Now the law relating maintenance of Muslim divorced woman is governed by the
Muslim woman (Protection of Rights on Divorce) Act, 1986, Section 125 Cr P C has no
application so far as muslim are concerned.

Shah Bano Begum Case history

The appellant, who is an advocate by profession, was married to the respondent in

1932. Three sons and two daughters were born of that marriage. In 1975 the appellant drove
the respondent out of the matrimonial home, in April 1978; the respondent filed a petition
against he appellant under Section 125of the Code in the court of the learned Judicial
Magistrate (First Class), Indore asking for maintenance at the rate of Rs. 500 per month. On
November 6, 1978 the appellant divorced the respondent by an irrevocable talaq. His defense
to the respondent's petition for maintenance was that she had ceased to be his wife by reason
of the divorce granted by him, to provide that he was therefore under no obligation
maintenance for her, that he had already paid maintenance to her at the rate of Rs. 200 per

19
http://www.legalserviceindia.com/legal/article-216-case-analysis-mohd-ahmad-khan-v-s-shah-bano-
begum.html(Accessed on 5th September 2019;7:46pm)

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month for about two years and that, he had deposited a sum of Rs. 3000 in the court by way
of dower during the period the of iddat. In August, 1979 the learned Magistrate directed
appellant to pay a princely sum of Rs. 25 per month to the respondent by way of
maintenance. It may be mentioned that the respondent had alleged that the appellant earns a
professional income of about Rs. 60,000 per year. In July, 1980 in a revisional application
filed by the respondent, the High court of Madhya Pradesh enhanced the amount of
maintenance to Rs. 179.20 per month. Indian Muslim women, especially those who shall be
left destitute, are by justice and by right, deserve financial support from their ex-husbands,
even beyond the iddat period. This was the position of the Supreme Court in the Shah Bano
case. This position shall be justified by showing that this is in agreement with India’s
constitution and the criminal code with the Universal Declaration of Human Rights and the
Islam faith itself. The criminal code, specifically article 125-127, does provide that husbands
should give financially support to divorced, destitute women. It should be noted that in India,
the criminal code applies to everyone, irrelevant of religion, because of the large number of
``minorities 'allows for different personal laws to govern the Muslims, the Hindus, and the
Christians, which somehow gives certain autonomy among these groups of people. The
Supreme Court eventually decided in 1985 that the husband should give financial support to
Shah Bano, a decision which used a good number of the Muslim population in India to
protest. The Indian Muslims supported by their leaders claimed that according to their
personal laws , wives can only be supported by their husbands for up to three months , i .e ,
within the period of the iddat. Beyond this it is not anymore the responsibility of the husband.
Instead, responsibility is now vested on the female’s relatives or in cases of financial
incapacity of the female’s relatives, to the State Wakf Board. They claimed that the decision
of the Supreme Court is in transgression of their personal laws and therefore not to be upheld.

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The decision of the Supreme Court in Mohd.Ahmed Khan v. Shah Bano Begum and
Ors.has led to some controversy as to the obligation of the Muslim husband to pay
maintenance to the divorced wife. The government forced to pass Muslim Women(
Protection of Right On Divorce) Act,1986

Section 2(b) of the Act defines Iddat Period,

(b) “iddat period” means, in the case of a divorced woman,— (i) three menstrual courses after
the date of divorce, if she is subject to menstruation; (ii) three lunar months after her divorce,
if she is not subject to menstruation; and (iii) if she is enceinte at the time of her divorce, the
period between the divorce and the delivery of her child or the termination of her pregnancy,
whichever is earlier;

According to Section 3 A divorced woman shall be entitled to— (a) a reasonable and fair
provision and maintenance to be made and paid to her within the iddatperiod by her former
husband; (b) where she herself maintains the children born to her before or after her divorce,
a reasonable and fair provision and maintenance to be made and paid by her former husband
for a period of two years from the respective dates of birth of such children; (c) an amount
equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at
any time thereafter according to Muslim law; and (d) all the properties given to her before or
at the time of marriage or after her marriage by her relatives or friends or the husband or any
relatives of the husband or his friends. (2) Where a reasonable and fair provision and
maintenance or the amount of mahr or dower due has not been made or paid or the properties
referred to in clause (d) of sub-section (1) have not been delivered to a divorced woman on
her divorce, she or any one duly authorised by her may, on her behalf, make an application to
a Magistrate for an order for payment of such provision and maintenance, mahr or dower or
the delivery of properties, as the case may be. (3) Where an application has been made under
sub-section (2) by a divorced woman, the Magistrate may, if he is satisfied that— (a) her
husband having sufficient means, has failed or neglected to make or pay her within the iddat
period a reasonable and fair provision and maintenance for her and the children; or (b) the
amount equal to the sum of mahr or dower has not been paid or that the properties referred to
in clause (d) of sub-section (1) have not been delivered to her, 3 make an order, within one
month of the date of the filing of the application, directing her former husband to pay such
reasonable and fair provision and maintenance to the divorced woman as he may determine

27 | P a g e
as it and proper having regard to the needs of the divorced woman, the standard of life
enjoyed by her during her marriage and the means of her former husband or, as the case may
be, for the payment of such mahr or dower or the delivery of such properties referred to in
clause (d) of sub-section (1) the divorced woman: Provided that if the Magistrate finds it
impracticable to dispose of the application within the said period, he may, for reasons to be
recorded by him, dispose of the application after the said period. (4) If any person against
whom an order has been made under sub-section (3) fails without sufficient cause to comply
with the order, the Magistrate may issue a warrant for levying the amount of maintenance or
mahr or dower due in the manner provided for levying fines under the Code of Criminal
Procedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any
amount remaining unpaid after the execution of the warrant, to imprisonment for a term
which may extend to one year or until payment if sooner made, subject to such person being
heard in defence and the said sentence being imposed according to the provisions of the said
Code.

According to Section 4. Where a Magistrate is satisfied that a divorced woman has not re-
married and is not able to maintain herself after the iddat period, he may make an order
directing such of her relatives as would be entitled to inherit her property on her death
according to Muslim law to pay such reasonable and fair maintenance to her as he may
determine fit and proper, having regard to the needs of the divorced woman, the standard of
life enjoyed by her during her marriage and the means of such relatives and such maintenance
shall be payable by such relatives in the proportions in which they would inherit he property
and at such periods as he may specify in his order: Provided that where such divorced woman
has children, the Magistrate shall order only such children to pay maintenance to her, and in
the event of any such children being unable to pay such maintenance, the Magistrate shall
order the parents of such divorced woman to pay maintenance to her: Provided further that if
any of the parents is unable to pay his or her share of the maintenance ordered by the
Magistrate on the ground of his or her not having the means to pay the same, the Magistrate
may, on proof of such inability being furnished to him, order that the share of such relatives
in the maintenance ordered by him be paid by such of the other relatives as may appear to the
Magistrate to have the means of paying the same in such proportions as the Magistrate may
think fit to order. (2) Where a divorced woman is unable to maintain herself and she has no
relatives as mentioned in sub-section (1) or such relatives or any one of them have not

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 enough means to pay the maintenance ordered by the Magistrate or the other relatives have
not the means to pay the shares of those relatives whose shares have been ordered by the
Magistrate to be paid by such other relatives under the second proviso to sub-section (1), the
Magistrate may, by order, direct the State Wakf Board established under section 9 of the
Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State,
functioning in the area in which the woman resides, to pay such maintenance as determined
by him under sub-section (1) or, as the case may be, to pay the shares of such of the relatives
who are unable to pay, at such periods as he may specify in his order.

The constitutional and legal validity of the Muslim Women (Protection of Right on Divorce), Act 1986 has
been challenged in the case ofDanialLatiff and Anr. V Union Of India20Various arguments were raised for
and against the validity of the Act. It was contended, inter alia, that the Act is discriminatory as the more
advantageous provisions of the Code of Criminal Procedure in Sections 125 to 128 has been excluded, that
liability created to provide maintenance beyond the Iddat period is against the muslim personal law and
against religious tents. Overruling the contentions of the Petitioners.

While upholding the validity of the Act, the court concluded that:

1. A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife
which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond
the iddat period must be made by the husband within the iddat period in terms of Section 3(1)(a) of the Act.

2. Liability of Muslim husband to his divorced wife arising under Section 3(1)(a) of the Act to pay
maintenance is not confined to iddat period.

3. A divorced Muslim woman who has not remarried and who is not able to maintain herself after iddat
period can proceed as provided under Section 4 of the Act against her relatives who are liable to maintain her
in proportion to the properties which they inherit on her death according to Muslim law from such divorced
woman including her children and parents. If any of the relatives being unable to pay maintenance, the
Magistrate may direct the State Wakf Board established under the Act to pay such maintenance.

20
https://blog.ipleaders.in/rights-of-a-woman-in-divorce-in-india/(Accessed on 5th September
2019;10:45pm)

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4. The provisions of the Act do not offend Articles 14, 15 and 21 of the Constitution of India.

Custody of Child under Muslim Law

It is governed by the Guardian and Wards Act of 1890 but separate asct is not there. The
custody of the child is known as Hizanat which means infant care.

In case of a boy below the age of 7, mother holds the custody (according to Hanafi School)

In case of a girl, custody remains with mother till she attains majority or puberty.

If mother is not alive or incapable, then the custody is passed on to maternal relations of the
child. If not possible, then finally to males.

After the attainment of age 7 of boy and puberty of girl, the father, who is considered as legal
and natural guardian, gets the custody.

The rights of the custody can be forfeited from the mother if she marries someone not related
to minor, neglects child, leads an immoral life or stays far from father’s residence.

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 CHAPTER 7-CONCLUSION AND SUGGESTION

What we see that Right to Claim maintenance and alimony is the most important post divorce
right of a women. Especially in those cases where women is unemployed and have not
sufficient means to maintain herself. As divorce rates are on a rise, so is the fight of women
for maintenance and alimony. In a marriage, a large number of women still become a
homemaker, thus leaving them in a spot, with little to go on with when it ends. The right to
claim maintenance in a suit for separation is indispensable. The wife is not a ‘parasite’ on
the husband’s earnings, alimony and maintenance is her right. Women should be well-
informed of her husband’s earnings, properties, bank account details, and educational
qualifications to contest the case for a reasonable maintenance amount. Even if she is not
aware of the current salary of the husband, but knows about his qualifications and past jobs,
she can still make a statement on his earning capacity for the court to award award her right
amount of maintenance. But what we see in rural India and in case of uneducated women,
they are often devoid of this right for maintenance as there voice is shut by the husband and
the society. Divorce is still consider as Stigma on women. There is a need of change of
thinking of society.

What we see that in case of maintenance, discriminatory law is being practiced. Both the
community mostly governed by their personal laws in case of Marriage, Divorce,
Maintenance etc. The section 125 of CRPC dosent applies on Muslim Community. Due to all
this women suffer a lot. There is need to reform our social system, which is full of
inequalities, discriminations and other thing and which conflict with our Fundamental
Rights. As we know that there is a Criminal Code which is applicable to all people
irrespective of religion, caste, tribe and domicile in the country but there is no similar code
related to divorce and succession which are governed by Personal laws. In Artice 44 of Our
Constitution there is provision for Uniform Civil Code. Uniform Civil Code place a set of
laws to govern personal matters of all citizens irrespective of religion. It is perhaps need of
hour. Such a progressive reform would not only help end discrimination against women
on religious grounds but also strengthen the secular fabric of the country and promote
unity. In Shah Bano Then Chief Justice, Y.V Chandrachud, observed that a Common Civil
Code would help the cause of national integration by removing disparate loyalties to law.
And so, the court directed Parliament to frame a Uniform Civil Code.

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The second instance in which the Supreme Court again directed the government to frame
common civil code was the Case of Sarla Mudgal v Union Of India. In this case Sarla
Mudgal v Union of India, the question was whether a Hindu husband, married under the
Hindu law, by embracing Islam can solemnise second marriage. The Supreme Court held that
adopting Islam for a second marriage is an abuse of Personal laws. Further said that Hindu
marriage can be dissolved under Hindu Marriage Act, 1955 i.e. mere by converting itself in to
Islam and marry again does not dissolve the marriage under Hindu Marriage Law and thus
will be an offence under Section 494[5] of the Indian Penal Code.

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 Bibliography
Books:
1. Modern Hindu Law by Dr. Paras Diwan

2. Hindu Law by Dr. Basant K. Sharma

3. Muslim Law in Modern India by Aqil Ahmad

4. Family Law by Dr. Paras Diwan

5. Universal's Texbook on Muslim Law by Dr. Rakesh Kumar Singh

References:

https://www.lawctopus.com/academike/marriage-under-muslim-law/#_edn6

https://www.legalbites.in/concept-forms-marriage/

https://www.britannica.com/topic/marriage

https://blog.ipleaders.in/grounds-divorce-the-hindu-marriage-act/

https://www.legalbites.in/?s=essential+of+muslim+marriage

https://www.webindia123.com/law/family_law/muslim_law/essentials_of_valid_marriage.htm

https://www.escr-net.org/caselaw/2018/shayara-bano-and-others-v-union-india-and-others-writ-
petition-c-no-118-2016

http://www.helplinelaw.com/family-law/DIVM/divorce-under-muslim-law.html

https://www.gsbagga.com/blog/how-a-muslim-couple-can-get-divorce-in-india/

http://www.justicelawfirm.in/blog/womens-rights-after-divorce-in-india

https://blog.scconline.com/post/2017/02/02/second-wife-not-legally-married-cannot-claim-
compassionate-appointment/

http://www.legalserviceindia.com/articles/hmcp.htm

https://blog.ipleaders.in/rights-of-a-woman-in-divorce-in-india/

https://www.lawctopus.com/academike/divorce-under-hindu-law/

https://www.srdlawnotes.com/2018/07/divorce-by-mutual-consent-hindu.html

https://lawstreet.co/judiciary/strict-proof-of-marriage-not-necessary-for-maintenance-proceedings-
u-s-125-cr-p-c-says-sc-read-judgment/

https://www.lawctopus.com/academike/streedhan-right-woman/

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