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How to file for divorce under Muslim law


29-Jul-2023 (In Muslim Law Law)
matter need to written also under witch section its comes for Muslim,process knowledge for notary divorce, want to know the Indian court standard for such cases. May other party can file a case after this divorce.
Answers (1)

Answer #1
443 votes
The divorce by wife can be categorized under three categories:                                                                                                                                                                                                                          

(i) Talaaq-i-tafweez :Talaaq-i-tafweez or delegated divorce is recognized among both, the Shias and the Sunnis. The Muslim husband is free to delegate his power of pronouncing divorce to his wife or any other person.                                                                                            

(ii) Lian: If the husband levels false charges of unchastity or adultery against his wife then this amounts to character assassination and the wife has got the right to ask for divorce on these grounds.                                                                                                                                                                                                

(iii) By Dissolution of Muslim Marriages Act 1939 : A woman married under Muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or more of the following grounds: 1) wearabout of the husband is not known for 4 years 2) husband fail to give maintainance for 2 years 3) husband has been sentenced for 7 years for imprionment 4) fail to perform his marital obligations for a period of three years

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