muslim mutual divorce

Divorce Procedures a under the Muslim Law in India:

There are two processes to seek a divorce under the Muslim Law in India.

1. Judicial Process by the Dissolution of Muslim Marriages Act, 1939:

Section 2 of the said Act specifies the following grounds on which the Muslim women can seek a divorce in India:

  • The whereabouts of the husband have not been known for at least four years
  • The husband failed to provide maintenance for at least two years
  • The husband has been sentenced to imprisonment for at least seven years
  • The husband failed to comply with his marital obligations for at least three years without any reasonable cause
  • The husband was impotent at the time of marriage or suffering venereal diseases or have been of unsound mind for at least two years
  • The husband treated his wife with cruelty or was married before the age of fifteen

Extra-Judicial Process:
[If Divorce by husband:]

  • Talaq-i-ahasan:
    Under this husband needs to pronounce talaq only once orally during the period of tuhr (period between two mensuration). This talaq can be revoked anytime during the period of iddat.
  • Talaq-i-hasan:
    Under this, talaq needs to be pronounced by husband three times during three successive period of tuhrs. However, there should be no sexual intercourse during these periods.
  • Ila:
    Here, the husband swears i.e. take an oath of not having sexual intercourse for a period of four months. After four months, the marriage is dissolved.
  • Zihar:
    In this form, the husband compares his wife with his sister, mother or any other female within the prohibited degree. 

[If Divorce by Wife:]

  • Talaq-i-Tafweez:
    Also called delegated divorce because here the husband delegates his authority to divorce to his wife permanently or temporarily.
  • Lian:
    If the wife has been falsely charged of adultery then she is entitled to seek a judicial divorce.

[Divorce by Mutual Consent]

  • Khula:
    If the wife agrees to give consideration to her husband to free her from the marriage, then it is considered as mutual divorce. It is the will of the wife.
  • Mubarat:
    In this case, the husband and wife both don’t want to continue with marriage. So either of them can put forward the proposal for divorce and if the other party accepts it, it becomes irrevocable and marriage is dissolved.  

  • Is triple talaq a valid form of divorce?

  • Talaq-e-Biddat or Triple talaq is no more a valid form of divorce.
  • Under Section 3 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, triple talaq is held as void and illegal.
  • Triple talaq oral or written or in electronic form shall be considered an illegal and cognizable and non-bailable offence under this act

Documents required for a divorce under the Muslim Law in India:

  • Nikahnama
  • Residence Proof of husband and wife
  • Income tax returns of at least two financial years
  • Documents relating to assets owned 
  • Evidence relating to allegations made like medical reports in cases of cruelty or venerable diseases.