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Results for “Separation--legal aspects”

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15 recordsLinked to original sources
PubMed1987

Subanu alias Saira Banu v. A.M. Abdul Gafoor, 3 April 1987.

The appellant, a Muslim wife, sought maintenance for herself to live separately from her husband because he had taken a second wife. In overturning a lower court ruling, the Supreme Court held that the appellant was entitled to maintenance. It relied on Section 125(3) of the Criminal Procedure Code, which it construed as conferring the right upon a wife to refuse to live with her husband if he has contracted another marriage and to obtain maintenance. It concluded that this right was not negated by the fact that Muslim personal law permits a husband to have more than one wife.

Asia↗
PubMed1988

Act ratifying the Convention relating to the position of children born to separated French-Algerian couples, 12 July 1988.

This Convention is designed to solve the problems of children born to French-Algerian parents who have separated and live on opposite sides of the Mediterranean Sea. It applies to legitimately born children, one parent of whom is of Algerian nationality and the other of French nationality and contains provisions relating to preventing conflicts as well as regulating them in court. It is based on the premise that such children should be able freely to circulate in both countries and aims at maintaining a child's ties to both parents. Under the Convention, a judge is to give visitation rights to the parent who is not given custody, except in exceptional circumstances. Parents who interfere with visitation rights are subject to criminal sanctions, and procedures for obtaining the return of children who are held are simplified. The Government of France ratified the Convention by means of Decree No. 88-809 of 12 July 1988.

Africa↗
PubMed1987

Bepi v. Simon, 14 November 1986.

The appellant had left her husband and, with one child of the marriage, returned to her family after mistreatment by the husband. Subsequently the husband issued a summons against the appellant charging desertion and seeking repayment of brideprice and custody of the child. When the wife did not appear, she was arrested and sentenced to two months' imprisonment. Upon a hearing of the summons, she was ordered held one month until her relatives repaid the brideprice and custody of her child was given to her husband. When the brideprice was not paid, she was sentenced to twelve months' imprisonment. On appeal of these rulings, the Court held, among other things, a) that the lower court had no jurisdiction to entertain a complaint against the wife for desertion or a complaint seeking custody of the child, noting, moreover, that the wife had ample reason to leave her husband; b) that the imprisonment of the wife for failure to repay the brideprice was beyond the court's powers since it was authorized to take this action only for non-payment of fines, and was unconstitutional since a person cannot be deprived of personal liberty in order to secure fulfillment of contractual obligations; and c) that the claim for repayment of brideprice could not succeed, since no evidence had been produced of the relevant customs relating to the payment and repayment of brideprice.

Behavior↗
PubMed1987

Decision, 2 September 1987.

The appellant husband sought a divorce from his wife, with whom he had not lived since 1949 when he left her to live with another woman. The Supreme Court reversed a lower court decision and overturned 1952 legal precedence by ruling that a divorce request from a spouse at fault could be recognized when a) the separation has lasted for a considerable length of time, b) there are no children of the marriage who have not reached adulthood, and c) recognition of the request for divorce does not contravene the concept of justice--that is, the divorced spouse is not driven economically, psychologically, or socially to cruel circumstances. In its 1952, ruling the Court had refused to recognize a divorce request from a spouse at fault.

Asia↗
PubMed1988

Decree No. 2458 of 1988 authorizing civil marriage separations before a notary, 28 November 1988.

This Decree authorizes separations in civil marriages in Colombia to be effected before a notary in cases of mutual consent. In such cases, the public instrument is to make provision for children and spousal support. An agreement of the spouses regarding their reciprocal obligations and their common children can be modified by common agreement before a notary or revised through judicial proceedings in accordance with the law.

Americas↗
PubMed1987

Law No. 74, 6 March 1987.

This Law makes the following changes, among others, with respect to the regulation of divorces: a) a period of three years' separation is provided in all cases as a ground for divorce; b) transsexuality is a ground for divorce if recognized by a court; c) a woman loses her husband's surname unless she or her children would be adversely affected if she reverted to using her unmarried name; d) payment for maintenance in a lump sum and an automatic increase in maintenance to account for inflation can be ordered by a court; e) entitlement to pensions and welfare is now divided upon divorce; and f) a new form of alternation of parental responsibilities and custody is introduced.

Behavior↗
PubMed1988

Judgment, 12 November 1986.

The parties had cohabited for six years. When the man broke off relations in an untimely fashion, the woman sought damages. The Supreme Court of Zaire held that the woman's interests had been harmed and awarded her compensation for services provided, noting that awarding such compensation was not contrary to public order.

Africa↗
PubMed1988

Judgment, 3 September 1985.

The Tribunal of the First Instance at Kigali, Rwanda, convicted the defendant of the crime of abandonment of the family and sentenced her to six months' imprisonment and a suspended sentence of one year. It held that her leaving the marital home and trying to obtain a passport without her husband's consent constituted irrefutable proof of the crime, particularly since she had justified her request for the passport by alleging that she and her husband had separated and that she had no intention of rejoining him.

Africa↗
PubMed2003

Women with schizophrenia and broken marriages--doubly disadvantaged? Part I: patient perspective.

This is a qualitative study of 76 women with schizophrenia whose marriages had broken. The sample was drawn from three different centres. Using qualitative methods of exploration, information regarding their illness, the marriage and its separation and the various consequences of this event was gathered. Many of them had not separated legally and were not receiving any maintenance from their husbands. Their concerns centred around their future, the fact they would be a burden to their ageing parents and in some cases about their children. Stigma attached to separation was as poignant as that of being mentally ill, if not more. However, a striking aspect was that even after several years of separation, these women still harboured a lot of hope that they would be able to reunite with their husbands.

Adaptation, Psychological↗