Introduction
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Under
the Muslim Law a marriage is dissolved either by the death of the
husband or wife, or by divorce. After the death of a wife, the husband
may remarry immediately. But the widow cannot remarry before a certain
specified period called Iddat expires.
Generally, both the parties to the marriage
contract have an opinion for divorce, but the husbands right in this
respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her
husband without his consent. She can of course purchase her divorce from
her husband and can have the marriage dissolved by Tafweez
(delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
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Divorce by husband/wife
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A Husband may divorce in the following manner-
A wife may divorce in the following manner-
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Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939
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Following are the grounds on which a marriage may be dissolved under the Marriage Act.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939
A Muslim woman may file for divorce on the following grounds-
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.
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Triple divorce
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Triple divorce is a recognized but disapproved form of divorce and
is considered by the Islamic jurists as an innovation within the fold of
Sharia. It commands neither the sanction of Holy Quran nor the approval
of the Holy Prophet.
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Divorce Under Muslim Law
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