This wife has the right to divorce

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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.

(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.

Categories: Marriage


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