Dissolution of Marriage of Muslim Wife in Indian Law
- Author Yashveer Singh
- DOI
- Country : India
- Subject : Law
Keywords : Divorce, dissolution of marriage, orthodox, Irretrievable Breakdown
Abstract
Divorce signifies the dissolution of the marriage tie. All separations effected for causes directly originating in the husband are termed Talaq, and separations effected otherwise by the decree of the court are known as Farqat. Talaq in its literal sense means “the taking off of any tie or restraint”. The right of divorce is conceded in Muslim law, but the law prohibits its exercise by threats of divine displeasure, “it was”, says Baillie, originally forbidden and is still disapproved, but has been permitted for the avoidance of greater evils. Divorce among the ancient Arabs was easy and of frequent occurrence. In fact, this tendency has even persisted to some extent, in Islamic law. It was regarded by prophet to be the most hateful before the Almighty God of all permitted things; for it prevented conjugal happiness and interfered with the proper bringing up of children.Another attempt was made in 1939 with the Dissolution of Muslim Marriage Act. It laid down nine grounds on which a Muslim woman could seek divorce in the court. Islamic law then allowed a man to divorce his wife at will but a wife did not have the right either to give divorce or seek one. The only way out for them was to convert to another religion to annul her marriage. Alarmed at this trend, the Ulemas coaxed the British government to pass this Act. The next step was the Muslim Women (Protection on Divorce) Act, which was enacted only in 1986 after the Shah Bano controversy. The laws, passed in 1939 and 1986, were not the result of a concerted effort towards reforms.
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