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N KALIAPPAN   26 September 2021

musilim law

which section musilim get mutual divorce

 4 Replies

Niyati Trivedi   26 September 2021

Muslim law is uncodified, thus there is no specific section under which someone can go for a mutually consented divorce. Under the Mohammedan Law, Mubarat means a mutual release or divorce by mutual agreement. It is also a form of dissolution of a marriage contract. In mubarat the separation is mutual. The offer may be from either side, i.e, the husband or the wife. When an offer of mubarat is accepted it becomes an irrevocable divorce i.e talaq-ul-bain and iddat is necessary. Khula is another form of divorce, which is divorce at the request of the wife. In literal sense it means laying down the rights and authority of the husband over his wife. A divorce by khula, is the divorce at the consent and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage. When the khula is effected, the husband has no power of revocation, while the wife is at the liberty to reclaim her consideration during the iddat period. Regards, Niyati Trivedi

Dr. J C Vashista (Advocate and Legal Consultant)     27 September 2021

What are the facts vis-a-vis your concern / locus standi if it is not an academic topic for time pass ?

Shashi Dhara   27 September 2021

If mutual then bothapproach civil court under special marriage act and take divorce.

minakshi bindhani   27 September 2021

As per the illustrated query!

There is no doubt, there is no provision for divorce by mutual consent under the Muslim Marriage Act, 1939.

However, the parties can compromise such a matter and a decree may be passed in terms of the compromise if otherwise, it does not militate against the grounds as mentioned in section 2 of the Dissolution of Muslim Marriage Act, 1939.
under the Muslim Marriage Act, divorce by mutual consent cannot be passed without being satisfied with the grounds provided(section 2vof Of the Dissolution of Marriage Act) for granting a decree of divorce.

When a statute ( prescribed Act) requires certain things in existence, the Court must find out whether it is there for granting the relief because the court can not grant the relief sought for in absence of the things the statute requires.
It always depends on the facts and circumstances of a case.

Hope it clarifies the issues!
Minakshi Bindhani

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