A Unilateral Arbitrary Power against Women: Triple Talaq in the Light of Shayra Bano Case

  • Oshin Suryawanshi
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  • Oshin Suryawanshi

    Student at Amity Law School, Noida, India.

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Abstract

In the absence of adequate legal framework over the unchecked and arbitrary power in the hands of the husband, it is being misused by husband to dissolve the marriage abruptly, which increases the vulnerability of married Muslim women. Hypothesis In the absence of codified Muslim personal law the apex Court of India has played a proactive role in upholding gender equality. The objectives in perusing this research paper are is to analyze the concept of divorce under Muslim personal law and focusing on the practices of Talaq in India., to examine the need for protection of women in India in respect of divorce under Muslim personal law, to what extent legal framework is pertaining to divorce Muslim women for achieving the constitutional goal of equality in respect of divorce under the Muslim personal law in India, to analyze the role of the apex Court in the quest towards gender justice in respect of divorce under Muslim personal law. The Research paper answer the following questions-: What is the law on divorce in Muslim personal law? To what extent do various modes of divorce create an inequality between Muslim men and women? What is the legal framework pertaining to divorced women in India and examine their venerability in the absence of the codification of Muslim personal law. What has been the contribution of apex Court towards the quest of gender justice within Muslim personal law on divorce?

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Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 620 - 636

DOI: https://doij.org/10.10000/IJLMH.11559

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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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