Ray (Judicial Case Review)

Ray (Judicial Case Review)

In the effect of spending the wife's financial rights on proving her hardship and embarrassment in the light of the criticism of the judgment issued by the Supreme Court

Author
Allameh Tabatabai University of Tehran
10.22106/jcr.2024.2014037.1460
Abstract
According to Article 1130 of the Civil Code, the wife can force the husband to divorce by proving her distress in the courts. It is difficult to prove hardship and embarrassment in the courts, and in most cases, women resort to dowry to get out of their awkward situation. By examining the judicial procedure, it can be seen that the votes are scattered; In many cases, the unwritten rule of law, i.e., the meaning of giving dowry to the hardship and embarrassment of the wife, is revealed; In fact, dowry is considered one of the basic pillars of these lawsuits, in other cases, it is pointed out that it is related along with other aspects, and in some cases, a decision is issued according to the amount of dowry. What is important is that the Supreme Court's reference to dowry in divorce proceedings is due to hardship and embarrassment, and this has become a practice. This procedure aims to preserve the foundation of the family and reduce divorce or any other purpose. , there are consequences and social and cultural dimensions that are necessary to investigate. What is examined in this article is the analysis of the challenges of giving dowry in order to prove hardship and hardship and its solutions by criticizing the judgment issued by the court. This writing is descriptive-analytical And the collection of materials has been done in a library and digital way (using the opinions of the Judiciary Research Institute).
Keywords
Subjects

Volume 12, Issue 42
Winter 2024
Pages 99-119

  • Receive Date 21 October 2023
  • Revise Date 10 December 2023
  • Accept Date 14 February 2024