Muslim personal law, India: Divorce - Revision history

Jyoti: /* All India Muslim Personal Law Board */

2025-12-28T16:44:19Z

‎All India Muslim Personal Law Board

Jyoti: /* Delhi HC, c.2007 */

2025-12-14T07:51:46Z

‎Delhi HC, c.2007

Jyoti: /* State-wise position */

2025-12-14T07:49:59Z

‎State-wise position

Jyoti: /* Maintenance for Muslim wife */

2025-12-07T19:41:19Z

‎Maintenance for Muslim wife

Pdewan: /* Verbal mutual consent can end Muslim marriage */

2025-08-12T11:15:13Z

‎Verbal mutual consent can end Muslim marriage

Pdewan: /* UK court, 2018: English law covers Islamic marriage */

2025-08-12T11:13:12Z

‎UK court, 2018: English law covers Islamic marriage

Pdewan: /* UK court, 2018: English law covers Islamic marriage */

2025-08-12T11:12:09Z

‎UK court, 2018: English law covers Islamic marriage

Jyoti: /* Khula */

2025-07-04T15:07:08Z

‎Khula

Jyoti: /* SC/ 2024: Muslim women entitled to maintenance under CrPC */

2024-10-26T20:17:59Z

‎SC/ 2024: Muslim women entitled to maintenance under CrPC

Jyoti: /* HC, 2022: divorced Muslim women entitled to maintenance till remarriage, death */

2024-07-22T18:27:30Z

‎HC, 2022: divorced Muslim women entitled to maintenance till remarriage, death

@@ Line 883: / Line 883: @@
 ]]
-= All India Muslim Personal Law Board=
+=All India Muslim Personal Law Board=
 ==Changing stance==
 [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Under-scrutiny-AIMPLB-changing-stand-19052017011011  Mohammed Wajihuddin, `Under scrutiny, AIMPLB changing stand', May 19, 2017: The Times of India]
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 Interestingly , the All India Muslim Majlis-e-Mushawarat, an umbrella body of 14 Muslim organisations, too rapped the Board in its letter of October 4, 2016 to the Board chief for failing to include “delegated divorce“ in its nikahnama though it mentioned in its affidavit submitted to the SC in September 2016.
 =Incidence of divorce among Muslims=

← Older revision		Revision as of 07:51, 14 December 2025
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	HC also linked validity of a triple talaq to attempt at reconciliation, holding that unless there was evidence that the couple tried to re-think, the talaq so pronounced can't be held to be legal. The case pertains to a a bail plea filed by a husband whose wife accused him of rape. She alleged he uttered triple talaq thrice but didn't inform her and by the time she came to know, the couple had continued to live for months.		HC also linked validity of a triple talaq to attempt at reconciliation, holding that unless there was evidence that the couple tried to re-think, the talaq so pronounced can't be held to be legal. The case pertains to a a bail plea filed by a husband whose wife accused him of rape. She alleged he uttered triple talaq thrice but didn't inform her and by the time she came to know, the couple had continued to live for months.
		+
		+	==Muslim man must notify 1st wife to register 2nd marriage: HC==
		+	[https://epaper.indiatimes.com/article-share?article=05_11_2025_012_015_cap_TOI Nov 5, 2025: ''The Times of India'']
		+
		+	Kochi : A Muslim man cannot register his second marriage under Kerala Registration of Marriages (Common) Rules, 2008, without notifying his first wife as long as his marital relationship with her is valid, Kerala HC has held.
		+
		+	Justice P V Kunhikrishnan passed this order on Oct 30 on a petition filed by a Kannur man (44) and his second wife (38) from Kasaragod, challenging the decision of the registrar of a local selfgovt institution to decline to register their marriage. The petitioners argued that under Muslim personal law, a man is entitled to have up to four wives at a time.
		+
		+	HC held that the registrar shall not register a second marriage if the first wife objected on the grounds that it was invalid. Instead, the parties must be referred to the competent civil court to establish the validity of the marriage.
		+
		+	Even under Muslim personal law, a man may marry a second time only under specific conditions, HC observed. It noted that neither the Holy Quran nor Muslim law permitted a man to have an extramarital relationship or to contract another marriage without the knowledge of his first wife. HC noted that a Muslim wife could not remain a silent spectator. “In such matters, religion is secondary and constitutional rights are supreme,” HC said, adding that “99.99% of Muslim women will be against their husband’s second marriage when their marital relationship is still in existence.”
		+
		+	HC also held that under Muslim personal law, a man may marry more than one wife only if he has the means to maintain them. The bench subsequently dismissed the petition, noting that the first wife had not been made a party to the case.
		+
		+	[[Category:Gender issues\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL L
		+	]]
		+	[[Category:India\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL L
		+	]]
		+	[[Category:Law,Constitution,Judiciary\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL L
		+	]]
		+	[[Category:Religion\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL L
		+	]]

	==Triple talaq unilateral, bad in eyes of law: HC==		==Triple talaq unilateral, bad in eyes of law: HC==

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 The SC had in a verdict in August last year declared instant triple talaq illegal and unconstitutional.
 =State-wise position=
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 Any fear that a uniform civil code will mean Hindu oppression of Muslims will be exposed as groundless if India simply follows Goa’s example. The Supreme Court should point all political parties in Goa’s direction.
 = All India Muslim Personal Law Board=

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 “…In the absence of any maintenance, the wife or the child might not even survive to see the end of the litigation. If the court were to accept the argument of the husband that there is no provision under the CPC or Dissolution of Muslim Marriage Act to grant interim maintenance to the wife, the court will be reducing the status of the wife and trampling on her right to exist,”the judge said.
-[[Category:Gender issues|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
+=Procedure=
-MUSLIM PERSONAL L]]
+==3 talaqs sent through lawyer not valid: SC==
-[[Category:India|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
+[https://epaper.indiatimes.com/article-share?article=20_11_2025_013_001_cap_TOI Dhananjay Mahapatra, Nov 20, 2025: ''The Times of India'']
-MUSLIM PERSONAL L]]
-[[Category:Law,Constitution,Judiciary|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
+New Delhi : Supreme Court questioned the validity of the practice among Muslim men to authorise a lawyer to send notices to his wife for divorce through three talaqs, each notified after a month’s gap, and said this would not be regarded as a valid annulment of marriage as the notices do not bear the man’s signature.
-MUSLIM PERSONAL L]]
-[[Category:Religion|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
+ Appearing for a TV journalist petitioner questioning the Muslim men’s unilateral right to divorce through triple talaq under Talaq-e-Hasan process, senior advocate Rizwan Ahmed told a bench of CJI-designate Surya Kant and Justices U Bhuyan and N K Singh that her advocate husband sent talaq notices through a lawyer, finalised divorce and remarried.  “When a talaqnama does not bear the husband’s signature, it is not a valid divorce document. If, based on this document, the woman remarries, the man can later accuse her of polyandry by claiming he has not validly divorced the woman. Moreover, whenever she wants to remarry, the other man can decline citing the invalidity of the divorce document,” Ahmed said.
-MUSLIM PERSONAL L]]
 = Women’s divorce rights=

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 The Bench passed the interim direction pending consideration of the issue by the Muslim Personal Law Board.
-=Verbal mutual consent can end Muslim marriage=
+==Verbal mutual consent can end Muslim marriage==
 [https://epaper.indiatimes.com/article-share?article=12_08_2025_013_004_cap_TOI   Muslims can end marriage by verbal mutual consent: Guj HC /  ''The Times of India'' 12 Aug. 25]
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 [[Category:Religion|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
 MUSLIM PERSONAL L]]
 =SC and the Triple Talaq=

← Older revision		Revision as of 11:13, 12 August 2025
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	MUSLIM PERSONAL LAW, INDIA: DIVORCE]]		MUSLIM PERSONAL LAW, INDIA: DIVORCE]]
		+
		+	[[Category:Gender issues\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:India\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:Law,Constitution,Judiciary\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:Religion\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]

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 The Bench passed the interim direction pending consideration of the issue by the Muslim Personal Law Board.
 ==UK court, 2018: English law covers Islamic marriage==
@@ Line 365: / Line 381: @@
 Barrister Paula Rhone-Adrien, who led Khan’s legal team, had told the court during the trial earlier in the year that the case could have implications for people of a number of faiths, including Hindus and Sikhs. The judge analysed the dispute and announced his decision this week that the marriage falls within the scope of the UK’s 1973 Matrimonial Causes Act. Earlier this year, a panel of experts had concluded that Muslim couples should be required to undergo civil marriages in addition to Muslim ceremonies.
 =SC and the Triple Talaq=

← Older revision		Revision as of 15:07, 4 July 2025
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	This is another mode of dissolution of marriage in Islamic law. It’s resorted to when the husband is ‘unavailable’ to give either talaq or khula to his wife. In case of a faskh, the woman can approach a court of law seeking termination of the nikah, and it is granted to her without much hassle. Senior members of the community say that many do not opt for faskh for two reasons – because families often do not wish to take the legal route, and, secondly, due to lack of awareness among people about this provision.		This is another mode of dissolution of marriage in Islamic law. It’s resorted to when the husband is ‘unavailable’ to give either talaq or khula to his wife. In case of a faskh, the woman can approach a court of law seeking termination of the nikah, and it is granted to her without much hassle. Senior members of the community say that many do not opt for faskh for two reasons – because families often do not wish to take the legal route, and, secondly, due to lack of awareness among people about this provision.
		+
		+	==‘Khula’ a right, but only courts can issue it: Telangana HC, 2025==
		+	[https://epaper.indiatimes.com/article-share?article=26_06_2025_010_022_cap_TOI Pinto Deepak, June 26, 2025: ''The Times of India'']
		+
		+
		+	Hyderabad : In a significant ruling, Telangana high court has clarified that ‘khula’ — a form of divorce initiated by Muslim women under Islamic law — is a legitimate right, but must be legally processed only through courts, and not by religious bodies. This ensures legal clarity and enforceability of the divorce, the HC said.
		+
		+	A division bench comprising justices Moushumi Bhattacharya and B R Madhusudhan Rao on Tuesday upheld a family court’s Feb 2024 ruling in a case where a homemaker had obtained ‘khula’ from her husband, a businessman. The HC ruled that while ‘khula’ was indeed a recognised form of divorce under Muslim personal law, religious bodies such as a mufti or sharia council could not issue binding divorce certificates. Only courts, or a qazi officially appointed under the law, had the legal power to declare the end of a marriage, it said.
		+
		+	The HC ruling comes close on the heels of a Supreme Court judgment in April this year, which reaffirmed that while a Muslim woman had the right to seek ‘khula’, it was ultimately the courts, specifically family courts, that had the authority to grant or validate the divorce. The apex court also clarified that while a wife could initiate the process of ‘khula’, the husband could challenge it in court.
		+
		+	In the present case, the husband had challenged the ‘khulanama’ (divorce certificate) obtained by his wife, arguing that it was granted by a religious body, Sada-e-Haq Sharai Council, which he claimed had no legal authority. The family court, however, upheld divorce, noting proper legal procedures had been followed. The husband filed an appeal against the verdict, but the HC dismissed it.
		+
		+	[[Category:Gender issues\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:India\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:Law,Constitution,Judiciary\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]
		+	[[Category:Religion\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
		+	MUSLIM PERSONAL L]]

	=Talaq e-Hasan=		=Talaq e-Hasan=

← Older revision		Revision as of 20:17, 26 October 2024
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	The court noted that Section 125 of CrPC was more beneficial to women in comparison to Section 3 of the 1986 law as maintenance to a divorced Muslim woman is given within the ‘iddat’ period by her husband under the 1986 law but under the secular provision, any divorced wife is entitled to maintenance till she remarries. Under personal law, maintenance for children is given by her former husband only for a period of two years but under Section 125, maintenance is given until the children attain the age of majority.		The court noted that Section 125 of CrPC was more beneficial to women in comparison to Section 3 of the 1986 law as maintenance to a divorced Muslim woman is given within the ‘iddat’ period by her husband under the 1986 law but under the secular provision, any divorced wife is entitled to maintenance till she remarries. Under personal law, maintenance for children is given by her former husband only for a period of two years but under Section 125, maintenance is given until the children attain the age of majority.
		+
		+	==Interim maintenance/ 2024/ HC==
		+	[https://epaper.indiatimes.com/article-share?article=05_09_2024_010_002_cap_TOI Sep 5, 2024: ''The Times of India'']
		+
		+
		+	Chennai : Madras HC has upheld the decision of a family court in ordering interim maintenance to a Muslim women seeking divorce, even though the relief is not provided under the Dissolution of Muslim Marriage Act.
		+
		+	“… Since the legislature cannot contemplate a solution to all problems that are presented in society… within the broad framework that is laid down by the legislature, courts will have to find a solution for individual cases,” Justice V Lakshminarayanan said.
		+
		+	The court passed the order while dismissing a revision petition moved by the husband, challenging the order passed by the Udhagamandalam family court, which ordered Rs 20,000 as maintenance and Rs 10,000 towards litigation expenses.
		+
		+	According to the husband’s counsel, the trial court cannot invoke its power under Section 151 (inherent power to make orders to ensure a fair trial) of CPC to order interim maintenance when there is no provision for the same in Dissolution of Muslim Marriages Act.
		+
		+	Refusing to concur, the court said, “When the marriage has been admitted and also the birth of the child, then it becomes the duty of the husband to maintain his wife and child.”
		+
		+	“…In the absence of any maintenance, the wife or the child might not even survive to see the end of the litigation. If the court were to accept the argument of the husband that there is no provision under the CPC or Dissolution of Muslim Marriage Act to grant interim maintenance to the wife, the court will be reducing the status of the wife and trampling on her right to exist,”the judge said.

	[[Category:Gender issues\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE		[[Category:Gender issues\|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE

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 A Mehr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Muslim marriage.
-[[Category:Gender issues|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
+==SC/ 2024: Muslim women entitled to maintenance under CrPC==
-MUSLIM PERSONAL LAW, INDIA: DIVORCE]]
+[https://epaper.indiatimes.com/article-share?article=11_07_2024_001_016_cap_TOI AmitAnand Choudhary, July 11, 2024: ''The Times of India'']
-[[Category:India|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
-MUSLIM PERSONAL LAW, INDIA: DIVORCE]]
+New Delhi : In a landmark verdict, Supreme Court said women, irrespective of their faith, were entitled to maintenance under Section 125 of Criminal Procedure Code and rejected the argument that the Muslim Women (Protection of Rights on Divorce) Act, 1986, or personal laws of different communities barred them from taking advantage of maintenance guaranteed under the secular law.
-[[Category:Law,Constitution,Judiciary|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
-MUSLIM PERSONAL LAW, INDIA: DIVORCE]]
+A bench of Justices B V Nagarathna and Augustine George Masih held that it was for the Muslim woman to decide which of the two laws or both she should take recourse to. “Maintenance is a facet of gender parity and enabler of equality, not charity,” Justice Nagarathna said.
-[[Category:Religion|M MUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCEMUSLIM PERSONAL LAW, INDIA: DIVORCE
-MUSLIM PERSONAL LAW, INDIA: DIVORCE]]
+ In separate but concurring judgments, the judges said Section 125 of CrPC applied to all married women, including Muslims. It said the provision was a measure for social justice to protect weaker sections, irrespective of applicable personal laws of the parties.
 = Women’s divorce rights=