..::Procedure of Divorce under Muslim Family Laws

  • Contract of marriage under Muslim Law, can be dissolved, inter alia,by husband at his will without intervention of a Court; by mutual consent of spouses; by a judicial decree on a suit filed by any of the spouses—
  • Divorce when proceeded from the side of husband, it is called “Talaq” and when it is effected by mutual consent it is called “Mubaraat” according to terms of contract between the spouses—
  • Talaq can be pronounced in three different manners i.e. by a single pronouncement made during “Tuhrs” followed by abstinence from going to wife to establish marital relationship till “iddat” period and such Talaq/divorce is called “Talaq-e-Ahsan”—
  • Other method of pronouncement of divorce is three “Talaqs” by husband during successive three “Tuhrs” without establishing physical relationship with wife, in any of the three “Tuhrs” and this divorce is called “Talaq-e-Hasan”—
  • Third way of divorcing by husband is through three pronouncements made during a single “Tuhr” either in one sentence i.e. “I divorce you thrice” or in separate sentences i.e. ” I divorce you, I divorce you, I divorce you” or a single pronouncement made during a “Tuhr” clearly indicating an intention of irrevocability of divorce i.e. I divorce you irrevocably”—
  • Talaq-e-Ahsan becomes irrevocable/complete on expiry of Iddat period—
  • Talaq-e-Hasan becomes irrevocable/complete on the third pronouncement irrespective of Iddat period and Talaq-e-Bain becomes irrevocable immediately on its pronouncement irrespective of Iddat.

 

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