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Author Archives: BHUSHAN KUCHEWAR

Home/Archived Article(s) by Author: BHUSHAN KUCHEWAR

Afghanistan Civil Laws Topic 9 Rights of Children Part 4

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 4 — Confession of Parentage Article 224: Proof of parentage by confession of childhood, even at the time of terminal illness, may be accepted if: 1 – Confessor has completed such an age that child can have lineage to confessor. 2 – Child’s lineage is unknown. 3 – The discerning child confirms the claim

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Afghanistan Civil Laws Topic 9 Rights of Children Part 3

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 3 — Proof of Parentage in Invalid Marriage and Doubtful Sexual Intercourse Article 222: (1) In an invalid marriage, child of wife shall have lineage to husband when child is born at least after six months since the date of sexual intercourse. (2) In the event of abandonment or separation, child shall have lineage

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Afghanistan Civil Laws Topic 9 Rights of Children Part 2

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 2 — Proof of Parentage after Separation or Death of Husband Article 220: If woman in divorce or death waiting period gives birth more than one year after the divorce or death of husband, her claim of lineage of the child to the husband shall not be heard, unless husband, in case of divorce,

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Afghanistan Civil Laws Topic 9 Rights of Children Part 1

Jan 22, 2021BHUSHAN KUCHEWARLaw

Topic 10 — Rights of Children Subtopic 1 — Parentage Part 1 — Proof of Parentage in Valid Marriage Article 217: The minimum period of pregnancy shall be 6 months and the maximum 1 year. Article 218: In valid marriage, child of the wife shall have lineage to her husband, provided that it is proved

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Afghanistan Civil Laws Topic 9 ––Subtopic 2

Jan 22, 2021BHUSHAN KUCHEWARLaw

Subtopic 2 — Alimony of the Waiting Period Article 212: Any kind of separation that takes place by the husband, be it divorce or rescission, shall not extinguish alimony of wife during her waiting period, even though the divorce is not occurred due to husband’s fault. Husband shall have to pay alimony of in the

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Afghanistan Civil Laws Topic 9 –– Effects of Dissolution of Marriage

Jan 22, 2021BHUSHAN KUCHEWARLaw

Topic 9 –– Effects of Dissolution of Marriage Subtopic 1 — Waiting Period (Edat): Article 198: Waiting period is a specific period with expiration of which all effects of marriage shall cease to exist. Article 199: (1) No one may marry the wife in waiting period except the husband. (2) Waiting period is mandatory on

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Afghanistan Civil Laws Subtopic 5 — Separation Part 4

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 4 — Separation Due to Absence Article 194: If husband has been absent for a period of three years or more without reasonable excuse and wife incurs loss due to his absence, she may demand separation from the court, even if the husband owns property out of which wife’s alimony can be provided. Article

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Afghanistan Civil Laws Subtopic 5 — Separation Part 3

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 3 — Separation Due to Alimony Nonpayment Article 191: If husband refuses to provide alimony while he does not apparently own property but his inability to provide alimony is not also proved, wife may demand separation. Article 192: If husband proves his inability to provide alimony, court shall give him a reasonable moratorium of

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Afghanistan Civil Laws Subtopic 5 — Separation Part 2

Jan 22, 2021BHUSHAN KUCHEWARLaw

Part 2 — Separation Due to Harm Article 183: If wife claims such a harm that makes common life between similar spouses impossible, she may demand separation from court. Article 184: (1) If the claimed harm is proven and reconciliation of the spouses is impossible, the court shall issue a verdict for separation. (2) Separation

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Afghanistan Civil Laws Subtopic 5 — Separation Part 1

Jan 22, 2021BHUSHAN KUCHEWARLaw

Subtopic 5 — Separation Part 1 — Separation Due to Defect Article 176: Wife may request separation if husband is affected with an illness that is incurable or takes a long time to be cured, in such a way that common life with husband is not possible without a large harm. Article 177: If wife

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