WUNRN
Women Living Under Muslim Laws -
WLUML
Also Via Shadi Sadr, Iran Lawyer,
Journalist, Women's Rights Activist
IRAN - SUPREME COURT - WIVES CANNOT ACCESS DIVORCE EVEN IF HUSBAND TAKES ANOTHER WIFE
Iran Case: consensus number 716-20/7/1389
Date: 12 October 2010
Judges: Gholamhosein Mohseni Ejei, the General Prosecutor of Iran and the
Majority of the General Assembly of the Iran Supreme Court
The applicant in this case, a poor woman from a rural area in the west of Iran sought a divorce alleging that her husband was violent and abusive, and had taken a second wife without her permission.
Under Iranian law, women can only divorce from their husbands under certain conditions specified by legislation.
In the case at hand, the Court was asked to interpret legislation enacted in 1984 which specifies that if a husband takes a second wife without the permission of the first wife, the first wife can apply for a divorce.
The Supreme Court by a majority held that a wife will lose her right to a divorce based on this condition if she has been disobedient. It analysed case law of lower courts which had come to differing conclusions but held that since article 1108 of the Civil Law makes obedience to the husband a legal responsibility of the wife, if she refuses to carry out these wifely duties without legal justification then she cannot divorce on the grounds that he has taken another wife.
The Supreme Court held that this is now a precedent which must be followed in similar cases.
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