Divorce By Husband / Wife
A Husband may divorce in the following manner-
1.Talaq: which is release from the marriage tie immediately or eventually. 2.Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife. 3.Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees. A wife may divorce in the following manner:
Talaqetafwiz: talaq by the wife under the husbands delegated power. Top
Divorce By Judicial Decree Under Dissolution Of Muslim Marriage Act 1939. Following are the grounds on which a marriage maybe dissolved under the Marriage Act. 1.Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure. 2.Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask. Top
Womans Right To Divorce Under The Dissolution Of Muslim Marriage Act. 1939 A Muslim woman may file for divorce on the following grounds: 1.That the whereabouts of the husband have not been known for a period of 4 years 2.That the husband has neglected or has failed to provide for her maintenance for a period of two years. 3.That the husband has been sentenced to imprisonment for a period of seven years or upwards. 4.That the husband has failed to fulfill his marital obligation for a period of three years. 5.That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease. 6.That the husband was impotent at the time of marriage and continues to be so. The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.
The Concept of Divorce under Muslim Law
Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce . Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst . Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce may be either by the act of the husband or by the act of the wife. There are several modes of divorce under the Muslim law, which will be discussed hereafter. Modes of Divorce: A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has...