Criticism on Article 1130 of Civil Law and Proposing a Motion

Abstract:
According to Article 1130 of Civil Law, when the continuation of married life is difficult due to different kinds of abuse, the spouse can ask for a divorce by referring to the court of law. Comparing to other articles, one of the advantages of this article is that the wife, regardless of the kind of abuse, can get the marriage dissolved by proving the hardship she goes through. On the other hand as there is no specific procedure for each kind of abuse, it has been misused by the judges. The writer believes by teaching the concept and the way of distinguishing the kind of abuse and having women jurist in the family court of law can help the correct way of implementing Article 1130.
Language:
Persian
Published:
Family Law and Jurisprudence, Volume:12 Issue: 48, 2008
Page:
3
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