Forms in which a Muslim woman can seek dissolutions under the Muslim law are given below:
Under Muslim Law a husband has an absolute and unlimited right to repudiate the marriage at his will. This is known as talaq. A Muslim wife has no such right to dissolve her marriage. Unwritten and traditional law tried to ameliorate her position by permitting her to seek dissolution under the following form:
Forms
(a) Talaqi tafwid:
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This is a form of delegated divorce. According to this the husband delegates his right of divorce in a marriage contract which may stipulate that inter-alia on his taking another wife the first wife has the right to divorce him.
The courts have upheld these pre-nuptial and post-nuptial agreements as not opposed to public or against the spirit of Muslim Law. The Assam High Court has strengthened this right by declaring that such a power of Talaq given to the wife is irrevocable.
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(b) Khul:
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This is dissolution by an agreement between the parties to the marriage; on the wife’s giving some consideration to the husband for her release from the marriage tie. The terms are a matter of bargain and usually take the form of the wife giving up her dower.
(c) Mubarrat:
This is divorce by mutual consent.
According to Hanafi Law the inability of the husband to maintain his wife does not give her the right to dissolve the marriage. Following the Hanafi Law the court in India had refused the wife the right to dissolve her marriage on the ground of non-payment of maintenance. The Shafi and the Maliki Laws, however, allowed the wife to obtain divorce on this ground.
