Divorce Under Muslim Marriage Act India

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.

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.

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.