_Triple Talaq_ and Divorced Muslim Women Rights

1. "Triple Talaq" and Divorced Muslim Women Rights 03 March, 2023 “Marriages are made in heaven and consummated on Earth,” Supreme Court in his recent judgment quoted John Lyly. Dissolution of one’s marriage is termed a Divorce. By the legal separation of the spouses by a Court or other competent body the sacred bond of marriage gets mutilated. To ensure a smooth parting of ways the divorce is regulated by divorce laws. The divorce laws in India mainly are the Hindu Marriage Act and the Indian Divorce Act. Apart from this, Muslims are also part of India whereas the concept of marriage and divorce in Muslims is developed from a historical point of view and ancient perspectives. In Islam, divorce is known as ‘Talaaq’ and is divided into different categories. In this article, different types or modes of talaq are briefly discussed as well as two main landmark judgments are also described that act as a key for changing the legislation in favor of Muslim women. Types of Talaq Let us see what are the types of talaq in Muslim law: Talaq By Judicial decree under the Muslim Dissolution of Marriage Act, 1939 Lian: When a wife is falsely charged with adultery by her husband then she has the right to ask for a divorce by filing a regular suit under the Muslin Dissolution of Marriage Act, 1939. Marriage is revoked after passing the dissolution decrees by the court. If a husband wants to prevent divorce, he can do this by withdrawing the false assertion by his wife regarding adultery before passing the decree by the court. Faskh: This type of divorce occurs when both husband and wife feel that they are not compatible with each other. Under Section 2 of the Muslim Dissolution of Marriage Act, 1939, certain points are highlighted based on which a wife can file for a divorce. Some of them include, husband suffering from leprosy, is impotent, treats wife with cruelty, and various others. ● ● Talaq By Mutual Consent Khula: It is a divorce through mutual consent between husband and wife in which the husband gives the authority to his wife. The wife, for her release, gives consideration of property to her husband as well as releases Mehr and other rights. Herein, an offer is made by the wife which is then accepted by the husband. Three days time is given to the husband for accepting or rejecting the offer, once the offer is accepted, the divorce becomes irrevocable. After this, a wife has to observe iddat. Mubarat: In this mode of divorce, discharge or release from martial rights is performed with mutual consent among the parties. It is somehow similar to Khula but here any individual either husband or wife can make an offer. ● ● Talaq By Wife

2. Talaq-e-Tafweez: A delegated form of divorce in which the husband gave the power to pronounce divorce to his wife. While doing so, he must be above 18 years of age and should be of unsound mind. The delegated power by the husband can be temporary (irrevocable) or permanent (revocable) or absolute or conditional. This type of divorce can also be termed an agreement which is between the two parties after or before marriage. ● Click here to view the full article