Repudiation (marriage)

Repudiation is the formal or informal act by which a husband renounces his wife in certain cultures and religions. For example:

  • In Islam, a talaq divorce allows a woman or man to divorce their spouse (in Arabic, talaq),[1] otherwise known as the formula of repudiation.
  • In Babylonian law a husband could repudiate his wife, at the cost of returning the dowry.[2]
  • Repudiation is also a concept that existed in the Roman law[3]
  • In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it.[4] Inconsistencies in the law are an issue in repudiation of marriage due to different age requirements.[5]

See alsoEdit

ReferencesEdit

  1. ^ Mir-Hosseini, Ziba (1993). Marriage on trial : a study of Islamic family law : Iran and Morocco compared. London u.a.: Tauris u.a. p. 38. ISBN 1850436851.
  2. ^ Johns, Claude Hermann Walter (1904). Babylonian and Assyrian laws, contracts and letters. Edinburgh: T. & T. Clark. p. 424.
  3. ^ Philip Lyndon Reynolds (2001). Marriage in the Western Church: The Christianization of Marriage During the Patristic and Early Medieval Periods. BRILL. pp. 49–. ISBN 0-391-04108-8.
  4. ^ Vageshwari Deswal (24 January 2019). "Legal status of child marriages in India". The Times of India.
  5. ^ "Hindu and Muslim laws not in consonance with Prohibition of Child Marriage Act: SC". Hindustan Times. Press Trust of India. 12 October 2017.