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Matrimonial Disputes

  • Primary Source
  • Secondary Source
Primary Source” As per Sunni Law:
  • Quran
  • Sunna or Ahdis (Tradition of the Prophet)
  • Ijma (Unanimous Decision of the Jurists)
  • Qiyas ( Analogical deduction)
As per Shia Law:
  • Quran
  • Tradition (only those that have come from the family of the Prophet)
  • Ijma (only those confirmed by Imams)
  • Reasons
Secondary Source:
  • Custom
  • Judicial Decisions
  • Legislation
  • (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
  • (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security.
  • Gender Bias: The laws do not recognize cruelty and domestic violence against men. The police in India almost never register complaints of extortion or violence against men in a domestic relationship, but registering a complaint under 498A (where a woman is the aggrieved party) is widespread.
  • Vague definitions of dowry and stridhan.
  • Presumption of guilt. IPC 304B assumes that if an accidental death of a wife happens within seven years of marriage, it is to be assumed to be murder unless the husband can prove his innocence.[7] Corruption in the police force, which often does no investigation before arresting innocent people.
  • Human rights violations: in most cases involving non-resident Indians, their passports are impounded and they are restricted from traveling outside the country.
  • No penalties for false complaints or perjury.
  • Often gifts offered by the bride's parents to win over the bridegroom are channelized into a dowry tunnel.

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