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Dissolution of Marriage under Muslim law

The separation of relation of husband and wife is called dissolution of marriage. Talaq is the method of dissolution of marriage but now –a-days the word Talaq is more vogue in place of dissolution of marriage

Dissolution of marriage can be done by 3 methods:

  1. By the death of the parties to the marriage
  2. By the act of parties
  3. By the act of judicial procedure

Let us understand this method in detail

1. By the death of parties to the marriage

When the husband of Muslim wife dies then she have to complete the process of iddat.
Iddat is the process which widow or divorced women should abstain from second marriage for certain period of time
Acc to justice mahmood- Iddat is that period of waiting on completion of which makes new marriage valid . this is such a period in which women cannot remarry on the dissolution of first marriage . the period of iddat is three months.

2. Dissolution of marriage by the act of parties

Divided in 3 categories
1. By the act of husband
2. By the act of wife
3. By the act of both the parties
3. By the act of husband
Talaq- the meaning of Talaq is cancellation , to get rid off. Only adult and sound mind can give Talaq.
Divorce can be given verbally as well as in written form also . Talaq which are given in written form are known as Talaqnama while in verbally Talaq it is required to clearly pronounce ‘ I divorced you’ for three times.

There are 2 modes of Talaq

  1. Talaq –ul-sunnat
  2. Talaq-ul-biddat

Talaq-ul-sunnat:- this Talaq is followed by the tradition propounded by the prophet
Talaq-ul-sunnat are of two types
Ahasan- meaning of ahasan is very good. It is considered best way of Talaq. Ahasan was also acknowledge by prophet

In Ahasan Talaq following formality are required that are-

  1. Single pronouncement of divorce
  2. Wife should be required in pure state at the time of pronouncement
  3. Wife should undergo Iddat

This type of Talaq can be revoked before the completion of iddat . revocation can be done in express way or implied way. cohabitation with wife is implied form of revocation of Talaq.
Hasan- meaning of Hasan is good.

In hasan Talaq following formality are required that are-

1. Pronouncement of divorced three times
2. In the case of menstruating wife, the first pronouncement should be made in pure state of wife i.e TUHR . tuhr is period between 2 menstruation cycle.
3. In the case of non menstruating wife , the pronouncement should be made during the successive interval of 30 days
4. No cohabitation should take place during the three period of tuhr
If during this period husband cohabits with wife then it revokes the Talaq and if there is no cohabitation then Talaq become irrevocable.

Talaq-Ul-Biddat:-

it is sinful form of Talaq. Three pronouncement made during a single tuhr either in one sentence e.g, ‘ I divorce thee thrice’ or in separate sentence e.g. I divorce thee, I divorce thee , I divorce thee. On such pronouncement Talaq becomes irrevocable.

Case- Shaira Banna v/s UOI air 2017 the concept of Talaq has been abolished and it was made unconstitutional.

ILA ( VOW ) it is based on Koranic injunction. when a person of sound mind and adult abstain from sexual intercourse for 4 months in pursuance of vow then it is said that he have ila and its effect will be that of a single irrevocable Talaq. In such case wife can divorce husband.

Zihar (Injurious Assimilationlien (Imprecation)-

when husband compare his wife with his mother, sister and in prohibited relations them also wife has ground to dissolve her marriage.

Lien (Imprecation)-

When husband falsely impute of adultery to his wife then also it is ground wife to take divorce from her husband.

Dissolution of Marriage By The Act of Wife

Under Muslim law generally has no right of Talaq .but general rule has an exception and that exception is Talaq-E-Tafuis ( delegation of right of Talaq in favour of wife by husband)
Such delegation is in written agreement such agreement may be at the time of marriage or after marriage
Such agreement may be conditional also.

Case- Latif Unisa Case- in this case delegation was on the condition that if husband will do another marriage then wife has right to take divorce.

Dissolution of Marriage By The Act of Both Parties To Marriage

Both parties means here by the mutual consent of parties
Such Talaq can be take by these two manner

  1. Khula
  2. Mubrat

Khula (Redemption)-

in case of Khula the proposal of dissolution of marriage comes from the side of wife and agree to give consideration to husband .
The agreement of Khula can be done in oral as well as in written form also.

Case- Rasidan vs Bakridan privy council said that Khula from wife should be without any pressure and if it under element of pressure then it will not be consider valid.

Mubrat (Mutual Separation)-

  • in such cases, proposal of Talaq made by either side of parties to the marriage.
  • Proposal by one side and acceptance by other side
  • It may be written ,oral and not need to be registered
  • Husband can also put condition for giving Talaq

Case- Smt.Sabbah Adanan Sami Khan Vs Adanan Sami Khan it has been held by bombay high court that if wife want to remarry with that husband after Khula and mubarat then she is not required to follow halala. halala is required to be followed in case of Talaq through pronouncing Talaq three times.

Dissolution of Marriage By Judicial Procedure

This type of dissolution of marriage was made in 1939, under this act Muslim female has a right to dissolve her marriage in certain cases. Under this 9 grounds are available under sec 2 on the bases of which Muslim female can make application for dissolution of marriage in court. Generally such application is instituted in family court and where family court are not present then in district court.

Under Section 2 , a wife can file an application for dissolution of marriage on following grounds that are:

  1. Absence of husband
  2. Maintenance
  3. Imprisonment
  4. Desertion
  5. Impotency
  6. Unsoundmind/ insanity
  7. Option of puberty
  8. Cruelty
  9. Other i.e Ila, Zihar,lien/


Case Rasel vs Rasel- in this famous case, court said following things can be consider in cruelty

  1. If husband beats wife habitually and it became really hard for wife to survive
  2. If husband have extra martial affair relation
  3. If husband compel wife to do immoral things
  4. If husband transfer the properties of wife fraudulently
  5. If husband have two or more wife and does not treat equally

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