HARDSHIP DIVORCES AND THE ASSESSMENT OF THE RELEVANT JUDICIAL DECISIONS

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

SADEGHI MOGHADDAM M.H.; ANSARIPOUR M.A.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: NAMEH-YE-MOFID Year:2006 | Volume:11 | Issue:2 (52 LAW) Page(s): 97-122

Download Full-Text

Persian Verion

View:

1,835

Download:

Cites:

Information Journal Paper

Title

HARDSHIP DIVORCES AND THE ASSESSMENT OF THE RELEVANT JUDICIAL DECISIONS

Author(s)

SADEGHI MOGHADDAM M.H. | ANSARIPOUR M.A. | Issue Writer Certificate

Keywords

HARDSHIP DIVORCESQ3

HARDSHIPQ4

JUDICIAL DECISIONSQ4

USR AND HARAJQ2

Abstract

Following the amendment of Article 1130 of the Civil Code of Iran in 1982 (1361) and in 1991 (1370) and the introduction of a general rule (known as the rule of USR AND HARAJ or HARDSHIP) by which a woman may apply for divorce in case of HARDSHIP, the petitions for divorce on the basis of HARDSHIP have increased. The legislature has defined USR AND HARAJ (or HARDSHIP) as the occurrence of a situation that makes the continuation of marital life hard and tolerance of such a situation difficult for the wife" and the establishment of such a situation has been left to the court. The court, first, compels the husband to divorce his wife and if the compelling of the husband is impracticable, then the wife will be divorced by the permission of the court. The examination of JUDICIAL DECISIONS indicates that from the five cases mentioned in the Note (tabsirah) added to Article 1130 in 2002 (1381) the continuous maltreatment of the wife by the husband has been the chief cause for divorce petitions. In this paper, apart from the juristic and legal bases of HARDSHIP, a number of judgments given by the Supreme Court either in upholding or in quashing the judgments of the lower courts (the court of first instance and the court of appeal)have been examined.

Cites

No record.

References

No record.

Cite

APA: Copy

SADEGHI MOGHADDAM, M.H., & ANSARIPOUR, M.A.. (2006). HARDSHIP DIVORCES AND THE ASSESSMENT OF THE RELEVANT JUDICIAL DECISIONS. NAMEH-YE-MOFID, 11(2 (52 LAW)), 97-122. SID. https://sid.ir/paper/3687/en

Vancouver: Copy

SADEGHI MOGHADDAM M.H., ANSARIPOUR M.A.. HARDSHIP DIVORCES AND THE ASSESSMENT OF THE RELEVANT JUDICIAL DECISIONS. NAMEH-YE-MOFID[Internet]. 2006;11(2 (52 LAW)):97-122. Available from: https://sid.ir/paper/3687/en

IEEE: Copy

M.H. SADEGHI MOGHADDAM, and M.A. ANSARIPOUR, “HARDSHIP DIVORCES AND THE ASSESSMENT OF THE RELEVANT JUDICIAL DECISIONS,” NAMEH-YE-MOFID, vol. 11, no. 2 (52 LAW), pp. 97–122, 2006, [Online]. Available: https://sid.ir/paper/3687/en

Related Journal Papers