Abandoning the Alimony in the Law of the Republic of Tajikistan with an Approach of Judicial Procedure

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

This descriptive-analytical study was conducted with the aim of investigating the abandon of the alimony in the law of the Republic of Tajikistan with an approach of judicial procedure, and responding to the question of on what basis the spouse can have the right to get the alimony. Reviewing the related sources including judicial rules and documents, and written data indicated that the alimony in Tajikistan means the general necessary supplies. It is the financial rights resulted from the marriage and the relations of relatives, and it has a support and rehabilitation basis. In the case of couples, the spouse, husband or wife, is responsible to pay the alimony which the agreement or the court judgment determines its quantity and quality; however, the wife disobey the husband without a valid excuse. In bankruptcy, Tajik law prioritizes the payment of the alimony over other claims, and the guarantee of the abandon of the alimony is a civil obligation to pay the alimony that the delay in its payment results in damages of delay and the deception in its payment is a crime and leads to imprisonment. However, in cases where the behavior of the recipient of the alimony harms family relations, he/she is not allowed to get the alimony, contrary to the ability of the other party.

Language:
Persian
Published:
Islamic research paper on women and family, Volume:9 Issue: 22, 2021
Pages:
101 to 120
https://magiran.com/p2326086