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Muslim Divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. However for a Muslim woman to obtain divorce certain conditions are necessary. The above laws comes under the All-India Muslim Personal Law.

India is a land of many culture and religion and there is personal law for every religion. Indian law give a big relief to the Muslim women, their husbands would not be able to get rid of their wives in future by simply reciting talaaq, talaaq, talaaq.

The All-India Muslim Personal Law Board is set to ban this practice. They are drafting a new talaqnama, the separating couples would be given a minimum of three months to reconcile, instead of shauhar (husband) just firing talaaqs to separate without giving any chance to his begum (wife).The draft of the new talaqnama was already approved in Board's Patna meeting in October 2003, it was awaiting a final nod from the 41-member working committee, Board's highest-decision making body.

 

  Divorce by Husband

  • Talaq: which is release from the marriage tie immediately or eventually.

  • Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.

  • Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.

                             Divorce by Wife
       

  • That the whereabouts of the husband have not been known for a period of 4 years

  • That the husband has neglected or has failed to provide for her maintenance for a period of two years.

  • That the husband has been sentenced to imprisonment for a period of seven years or upwards.

  • That the husband has failed to fulfill his marital obligation for a period of three years.

  • That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.

  • That the husband was impotent at the time of marriage and continues to be so.


                        Divorce by Mutual Consent
     

  • Both should be of sound mind or the guardian in marriage should act on behalf of the person of unsound mind in arranging the marriage contract.

  • The parties should have attained the age of puberty or the guardian in marriage on behalf of the party concerned should enter into the marriage contract. There are certain prohibited relationships, whose marriage is considered void. Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt.

  • There are even differences in marriage rules among the Sunni and Shias

 


 

 
 

 

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