Marriage has been considered a pious institution for ages which not only
leads to the commencement of the lives of both the partners and the union of two
different families. It is a practice of the culmination of diverse customs,
traditions, and rituals. Due to various instances when things don't go well,
divorce serves as an alternative to the partners in a relationship. It is a
process that leads to the dissolution of the marriage and is legally binding.
The partners are free from the duties that had bound their relationship and can
live on their terms. Divorce leads to the ending of the marriage. The decision
of divorce which was earlier not readily accepted has now been modified within
the due period. It is now another means if things don't resolve between the
The concept of divorce has acquired a new framework in the present time and is
now a normal choice accepted by society. There can be various reasons for
divorce. Some of it can include stressed work life and a hectic schedule which
at last causes a lack of communication and frustration due to stress.
When the trust between both partners gets broken it leads to betrayal and
unfaithfulness adding a major cause of this decision. Nowadays belongingness and
nearness are vague among the people serving as an important factor. Domestic
violence has at present times been one of the leading causes. Partners who face
challenges feel divorce is a better and safer place even for them and their
children. Children can even be protected from any further injury.
Divorce is a somber process as it leads to stress, anxiety, and depression among
the couple. Children can even have a detrimental impact on their lives as may
not be able to spend their life with both parents. Divorce which can lead to
hostility and fighting can have an inimical impact on the mindset of the
individual. It can further hamper their mental health and state of mind. It may
even lead to exclusion from social life. The study cycle of the child even gets
Divorce as per Muslim Law
Divorce is often referred to as Talaq in Muslim Law. Talaq is an Urdu term for
the practice of divorce in Muslim Personal Law. The dissolution of marriage
under Muslim Law eventually involves the husband's rejection of the marriage.
The major forms of Talaq include:
Talaq-ul-Sunnat: This is a form of Talaq that is one of the most approved and recognized by
the Sunnis as well as Shias. It can be either in Ahsan or in Hasan form. It
is considered one of the best ways as there is a possibility of revocation.
In this form of Talaq notice is sent and is a form of repudiation of
marriage. The words are only said once. After the expiry of the Iddat period
it is declared as Talaq and the marriage is dissolved. It is the approved
form and it has a duration of 3 months.
Talaq-Hasan: In this form of Talaq there is a provision for revocation. The words are
said three times in three successive periods. If the first and second
pronouncements are revoked by the husband then the words of Talaq become
ineffective and if he doesn't do so and then the third pronouncement is made
by him in that case then finally the marriage dissolves and the words stand
This form is also referred to as Triple Talaq which means the husband gives
divorce by saying the word Talaq thrice. It is an old practice and there are
no explanations for the reasons for divorce given to the women. It is a form
of irrevocable and instant form of divorce. It can be either oral or
written. It is a process under the Sharia Law.
The matter was brought to light in the case of Shayara Bano v Union of India
which is also called the Triple Talaq case. Shayara Bano and Rizwan Ahmed were
married for 15 years and in 2016 Rizwan Ahmed gave Triple Talaq to Shayara Bano.
Shayara Bano was compelled to give a dowry for the marriage and said was abused
and derelict when she could not provide a dowry. Shayara Bano filed a writ
petition in the Supreme Court which challenged the three practices-Instant
Triple Talaq, Nikah Halala, and Polygamy.
A constitutional bench of five judges was set up-Chief Justice of India Jagdish
Khehar, Justice Abdul Nazeer, Justice Kurian Joseph, Justice Rohinton Nariman,
and Justice UU Lalit. Supreme Court made two issues whether it is an essential
religious practice of Islam and whether it violates the fundamental right or
Some were of the view that it is a part of Muslim Personal Law and
judiciary should not interfere whereas others thought that it is arbitrary since
it violates the fundamental right of women. Hence the practice of Triple Talaq
was declared illegal by the Supreme Court which told the center to make a law
for it. In July 2019, the bill was passed in both Lok Sabha and Rajya Sabha and
receives the assets of the President.
The Bill declares it void and illegal. The Act makes it a cognizable offense
with imprisonment of up to three years with a fine. The complaint can be filed
by the wife or any other person related to her by blood or marriage. The woman
is entitled to seek subsistence allowance for herself and her dependent children
and can seek custody of her minor children. It is a good move by the government
to abolish the unconstitutional practice.