Dissolution of Muslim Marriage

Normal Dissolution

This is an act that aims at consolidating the very provisions and conceptions of Muslim laws relating to suits for dissolution of marriage. The process of dissolution of marriage, in general starts by filing a petition for divorce by mutual consent. The related petition for divorce by mutual consent is supported by affidavits from both parties signifying their assents. The judge hears to the contentions of both parties and on the very satisfaction of court, the marriage stands dissolved. Dissolution is the formal and legal process of marriage dissolution that completely ends the legal relationship between the spouses and thus ends the marriage. In order to initiate the very process of dissolution, the parties must file a petition in that regard.

Speaking of dissolution of marriage in Muslim laws, there are separate laws. However, as per the muslim beliefs, divorce is the worst thing to have been permitted. Divorce being an evil, must be avoided as far as possible. However, there are some cases where this evil becomes a necessity and it becomes really important to seek divorce. There are predicaments in name of Dissolution of Muslim Marriage Act, 1939, that talks about

  • Grounds of decree for dissolution of marriage
  1. That the whereabouts of the husband have not been known for a period of four years
  2. That the husband has neglected the wife and has failed to provide for maintenance
  3. That the husband has been sentenced to imprisonment for a period of 7 years
  4. That the husband has failed to perform his marital obligations
  5. That the husband has been inane for a period of 2 years
  6. That she has been treated with cruelty by husband
  7. Attempts to force her to lead an immoral life
  • Effect of conversion to other faiths and renunciation of Islam
  • Rights to dower not to be affected
  • Other predicaments

Muslim ways of divorce

A husband may divorce his wife by repudiating the marriage either by:-

  • Talaaq
  • Ila
  • Zihar

Categories of Divorce under Muslim Laws

  • Extra judicial divorce
  • Judicial Divorce

Conditions for a valid talaaq

  • Capacity
  • Free consent
  • Formalities
  • Express words

Express Talaaq

When talaaq is rendered by clear and unequivocal words. The express talaaq falls into two peculiar categories:

  • Talaaq I sunnat
  • Talaaq I biddat

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