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Educational Legal Guide

Divorce under Muslim Law in India

Complete guide to divorce under Muslim personal law - Talaq, Khula, Mubarat, Faskh, and Dissolution of Muslim Marriages Act, 1939.

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Talaq
By Husband
Khula
By Wife (with consent)
Faskh
Judicial Divorce
2019
Triple Talaq Ban

Types of Divorce under Muslim Law

By Husband

  • Talaq-ul-Sunnat - Approved forms (Ahsan & Hasan)
  • Talaq-ul-Biddat - Triple Talaq (Now illegal)
  • Talaq-e-Tafweez - Delegated talaq
  • Ila - Husband vows not to cohabit
  • Zihar - Husband compares wife to mother

By Wife

  • Khula - Wife seeks divorce with consent
  • Mubarat - Mutual divorce
  • Faskh - Judicial divorce (DMA, 1939)
  • Talaq-e-Tafweez - Delegated power to wife

Grounds for Divorce under Dissolution of Muslim Marriages Act, 1939

Husband's whereabouts unknown for 4 years Husband failed to maintain for 2 years Husband sentenced to imprisonment for 7+ years Husband impotent at time of marriage Husband insane or suffering from leprosy Husband treats wife with cruelty Husband has another wife (polygamy) Repudiation of marriage by wife (option of puberty)
Note: Triple Talaq (instant divorce) is now illegal under Muslim Women (Protection of Rights on Marriage) Act, 2019, punishable with up to 3 years imprisonment.
Legal Disclaimer: This information is for educational purposes only. Consult a qualified lawyer.