Dating france muslim divorces
At the same time, if the parties (or one of them) were domiciled in England at the time of the foreign Muslim marriage, it was generally assumed that the marriage would be considered void in English law because an English domiciliary has no capacity to enter into a ‘polygamous,’ including a ‘potentially polygamous,’ marriage.The Domicile and Matrimonial Proceedings Act of 1973 expanded the jurisdiction of the English Courts by permitting them to entertain divorce petitions in circumstances where one of the spouses had been resident within the United Kingdom for a period of twelve months prior to the presentation of the petition, and irrespective of the domicile of the parties.
The Matrimonial Proceedings (Polygamous Marriages) Act, 1972, removed the bar on matrimonial relief previously raised by the fact that the foreign marriage was either potentially or actually polygamous. And the 1983 decision of the Court of Appeal in Hussain v.
Thus, recognizing a foreign divorce as effectively terminating the marriage, deprived the English Court of any power to make financial orders in favor of the discarded wife.
Although this difficulty could arise in regard to any foreign divorce (judicial or extra-judicial), it arose predictably and cogently in regard to talaq divorces due to the fact that Muslim law recognizes neither any concept of division of matrimonial assets nor alimony on divorce. The woman divorced by a talaq recognized under the regime of 1971/ 1973 had little redress unless a sizable mahr (dower) had been pledged in her favor by her bridegroom at the time of the marriage.
In the second case, the husband and wife were married in India. Patel, her relatives fulfilled the husband’s demands by paying him £4,000 and returning the marriage jewellery to obtain a religious divorce.
After an unhappy relationship in Great Britain the husband sent his wife’s passport to the Home Office in an attempt to get her removed, as she did not have British nationality. In the fifth case, the wife was not a British citizen and her relatives paid money to obtain a religious divorce after the husband threatened to arrange a deportation. Fortunately, the proposed amendment was withdrawn, the Solicitor General promising to look into the matter. The statements in Parliament had only served to give publicity to a grossly erroneous view of Muslim law and to place the interests of Muslim women in the United Kingdom at even greater risk.Judicial Divorce and Muslim Law The main distinction between the rights of the Muslim spouses in obtaining a non-consensual divorce is that while the husband can effect a divorce easily without his wife’s consent by pronouncement of talaq; the wife whose husband will not agree to a divorce (or who will agree only on terms she is unwilling to accept) has to go to Court.
The inability of the English Court to protect the interests of the woman whose marriage was dissolved by a foreign divorce entitled to recognition in English law under the more liberal recognition rules, was addressed in Part III of the Matrimonial and Family Proceedings Act, 1984.While a Pakistani talaq fulfils the statutory requirement of “judicial or other proceedings,” a ‘bare’ or ‘classical’ talaq (e.g., an Indian talaq) does not under Pakistani law, induced the English Courts to conclude that a Pakistani talaq constituted a divorce “obtained by means of . Assuming such a divorce to be valid under the law of the spouses’ domicile, it appeared that a marriage could be brought to an end in English law by an extra-judicial talaq pronounced in England. The common law rules were substantially modified by the Matrimonial Causes Act, 1973, which (i) provided (section 16 (1)) that no procedure occurring within the United Kingdom could be recognized as dissolving a marriage unless instituted in a Court of law; (ii) barred the recognition of a divorce obtained other than “by means of judicial or other proceedings” if both the spouses had been habitually resident in the U. for a period of twelve months prior to the divorce (section 16 (2)); and (iii) ended the wife’s domicile of dependency (section 1).Recognizing that the spouses may have separate domiciles (the wife no longer automatically acquiring her husband’s domicile on marriage) meant that henceforth a divorce could only be recognized on the basis of the common law rule (foreign domicile) if it were valid according to the law of the domicile of each spouse; recognition was precluded if one of the spouses were domiciled in the U. Meanwhile, the Recognition of Foreign Divorces and Legal Separations Act, 1971, provided a format (inspired by—but going much further than required by—the 1970 Hague Convention on the same subject) for recognition of divorces “obtained by means of judicial or other proceedings” in a country with which at least one of the parties was connected by ties of nationality, habitual residence, or domicile (including domicile as defined by the foreign country in question).There are thus four procedural requirements for effecting a divorce by talaq valid in Pakistani law: Pronouncement of the talaq formula; Notification of the pronouncement to the requisite local official; Notification of the pronouncement to the wife; The passage of ninety days during which the husband refrains from revoking the pronouncement.These ‘procedures,’ are mandatory for the execution of an effective talaq. other proceedings” in the context of the Recognition of Foreign Divorces and Legal Separations Act, 1971.Recognition of Talaq Divorce in English Law Prior to 1971, English law in regard to dissolutions of marriage occurring under and according to a foreign legal system was clear and concise: a foreign divorce would be recognized under the common law rules as a valid divorce in English law if it were valid by the law of the spouses’ domicile (which, at that time, meant the domicile of the husband).