Divorce in particular- is a process of judicial separation processed by the legal termination of a marriage when the wife decides to get separated from her husband rather than living together, due to never ending personal disputes.
Divorce under the Muslim personal laws can be either is initiated
by the act of a husband or wife.
Divorce in Muslim personal laws, in
accordance is of different types:-
Extra-judicial Divorce, under the category of extra judicial
divorce can be further subdivided into three wings:
By
husband-
- Talaq
- Ila
- Zihar
By
wife-
- Talaq-i-tafweez
- Lian
By
mutual agreement-
- Khula
- Mubarat
Judicial
Divorce, this is headed by two categories
- The right of
the wife to give divorce
- The Dissolution of Muslim Marriages Act 1939.
Divorce by wife: Under Muslim Laws of
1939
A Muslim woman can easily give divorce under (an extra-judicial
divorce procedure or through judicial Procedure).
Now we’ll expand our point to the procedure according to the
personal laws. Where a Muslim women in India can get a divorce from their
husbands.
Three types of wife-induced divorces can be identified:
Extra-judicial Divorce
Talaq-i-tafweez: Talaq-e-tafweez or delegated divorce is recognized in both the
Shias and the Sunnis. Delegation of divorce power may be given even in the post
marriage agreements.
Where under an agreement if it is stated that, if the husband
fails to pay her maintenance or having a second wife, the 1st wife will have a
right of pronouncing divorce for herself, and such an agreement is valid.
The court held that the power to give divorce, which primarily
belongs to the husband, may be delegated upon the wife either absolutely or
conditionally, subject to the agreement of their marriages.
Lian: Lian can be described as the wrong charge of adultery on a wife by
her husband.
When a husband imposes false adultery charges on his wife, then a
wife can sue him and can also obtain a divorce on the same ground under the
Act, by filing a regular suit for dissolution of marriage with the help of the
lawyer.
Judicial divorce
Dissolution of Muslim Marriage Act, 1939, states, nine grounds on
which a Muslim wife can obtain a decree of divorce.
Section 2 of the Act says:
When the husband's whereabouts are unknown, a woman married under
Muslim law is able to obtain a divorce decision for the dissolution of her
marriage on any one or more of the following reasons.
- When the
whereabouts of the husband isn't always known.
- When the
husband has not held the spouse for greater than 2 years.
- When the
husband is sentenced to jail.
- When the
husband is impotent.
- When the
husband suffers from leprosy, virulent venereal infections, or is insane
- When the
wedding is repudiated.
- When the
spouse is subject to cruelty with the aid of using her husband.
- When the
spouse is falsely accused of adultery.
- When the
partner has transformed to some other religion.
- Other ways
where a wife can seek divorce under Muslim law can be
- Khula & Mubarat: Mutual Consent Divorce
A remarkable 2021: Kerala high court Pronounced Right to give
Divorce to their husband by wife under (JUDICIAL DIVORCE), by turning down the
5 decades ruling.
Are you
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For example, if you are looking to file for your divorce in Delhi you
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law before filing your divorce in court, from a best Muslim Divorce
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the future.
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