In the context of Islamic law, a Muslim marriage can be dissolved through various means. These include:
- By Husband at His Will (Talaq): The husband has the unilateral right to divorce his wife at his discretion without needing to provide any specific reason.
- By Mutual Consent (Mubarat): Both the husband and wife can mutually agree to dissolve the marriage without the intervention of a court.
- By Judicial Decree: Either the husband or the wife can seek a judicial decree for divorce. This process involves a court of law and is typically based on specific grounds provided under Islamic law or statutory provisions.
- By Wife through Delegated Right of Divorce (Talaq-e-Tafweez): The husband may delegate the right to divorce to the wife, allowing her to dissolve the marriage on her own accord.
Under the Dissolution of Muslim Marriages Act, 1939, a wife can obtain a judicial khula (divorce) without the husband’s consent, provided she is willing to forgo her financial rights. The specific grounds for a judicial divorce or khula include:
- Desertion by the Husband: If the husband has deserted the wife for a continuous period of four years.
- Failure to Maintain: If the husband has failed to provide maintenance for the wife for a period of two years.
- Polygamous Marriage in Contravention of Legal Procedures: If the husband contracts a polygamous marriage in violation of the established legal procedures.
- Imprisonment of Husband: If the husband is imprisoned for a period of seven years or more.
- Failure to Perform Marital Obligations: If the husband fails to perform his marital obligations for a period of three years.
- Continued Impotence: If the husband has been impotent from the time of the marriage and continues to be so.
- Insanity or Serious Illness of Husband: If the husband has been insane for a period of two years or is suffering from a serious illness.
- Option of Puberty (Khiyar-ul-Buloogh): If the wife was married by a guardian before she attained the age of 16 and repudiates the marriage before attaining the age of 18, provided that the marriage was not consummated.
- Cruelty by Husband: This includes physical or other forms of mistreatment, unequal treatment of co-wives, or any other form of cruelty recognized under Muslim law.
- Any Other Ground Recognized Under Muslim Law: Any other ground which is considered valid for the dissolution of marriage under Islamic jurisprudence.
These provisions ensure that the rights and welfare of the wife are protected, providing her with legal avenues to seek dissolution of marriage under specific circumstances recognized by law.
