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Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2008-SUMMER 2009 , Volume - , Number 4; Page(s) 133 To 158.
 
Paper: 

RESULT AND SUMMARY OF THE DEBATE ON ALIMONY OF PERMANENT WIFE

 
 
Author(s):  SAMADI AHARI MOHAMMAD HASHEM*
 
* 
 
Abstract: 

Alimony of Permanent Wife is regarded as a material and financial privilege that is established in favor of the wife for meeting her living requirements once the permanent marriage contract is concluded and it is a commitment up to the husband that is on binding with the deference of the wife. The criterion of determining rate of alimony is according to the living requirements of the wife concurrent convention of the society and no special rate is assigned in the related law. However, according to the general order in the law ,it is regarded as an obligation for the husband and is binding when the husband is entitled with the full deference of the wife and if the wife refuses to fulfill her duties as a wife without any legal excuses and barriers, this commitment will be automatically removed from the husband. In the case the husband avoids fulfilling this legal commitment, the wife shall be supported through exerting criminal laws and if the husband fails to do so and it is not possible to force him to do so, the wife shall have the right to go to the court for obliging the husband to divorce and she may set the related action. The court shall issue the divorce judgment in favor of the wife under the title of "Distress & Constriction" and such a divorce is "Irrevocable Divorce" according to most lawyers.

 
Keyword(s): ALIMONY, PERMANENT WIFE, PERMANENT MARRIAGE, DFERENCE, LEGAL COMMITMENT
 
References: 
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