What is divorce
What is divorce
Muslim Divorce Act: 1939 and 1961 (6) and (9) in the light of sections.
Under Muslim family law, breaking up a relationship established through marriage in a legal way is called divorce.
.According to the law, any party can dissolve the marriage.
Which we call divorce. Husbands and wives have equal rights in divorce.
Common sense.....
The wife will stay at home for as many days as the husband wants.
Farewell if the husband does not want. .Although this idea is prevalent in the society, it is illegal from the point of view of law and religion.
In the eyes of the law, both husband and wife have the right to divorce. That is, the wife can also divorce her husband.
Rules of divorce
Divorce is not effective if it is pronounced three times in a row.Pursuant to Section 6 (1) of the Muslim Family Law Ordinance, 1981, the Chairman (in whose area the wife resides) has to be notified of the divorce immediately after the divorce. .The husband will be obliged to send a copy of that notice to the wife.
Section 6 of the Act states that if a man seeks a divorce from his wife,
He shall promptly give written notice to the Chairman and give a copy of the notice to the wife after announcing the divorce by any means.
.If a person does not give notice, he will be sentenced to one year imprisonment without parole or a fine of up to five thousand rupees or both.
If a divorce is not revoked, it shall come into force ninety days after the date of giving notice to the Chairman.
.However, within 30 days of receipt of the notice, the Chairman shall constitute an Arbitration Council for reconciliation between the parties concerned and the said Arbitration Council
Will take all necessary measures for such a reunion.
.If the matter is solvable, it must be resolved. This is basically the job of the chairman or the committee. This is the reason for giving notice to the chairman.
There are 9 sections of the same law
If a husband fails to provide adequate maintenance or alimony to his wife or does not provide them with equal alimony in case of multiple wives, the wives can apply to the Chairman.
In this case, the chairman will form an arbitration council to settle the matter and that council will issue a certificate specifying the amount of money to be paid to the wife by the husband.
If the husband does not pay any maintenance money on time, it will be recovered from him as arrears of land revenue.
Reasons why the wife can also
The Muslim Divorce Act of 1939 specifies the reasons why a wife can divorce her husband. The reasons are-
1. If the husband is missing for four years,
2. For two years the husband failed to pay alimony to the wife.
3. If the husband is sentenced to seven years or more imprisonment.
4. If the husband fails to perform the marital duty for a specified period (three years) without any reasonable cause.
5. If the husband is impotent at the time mof marriage
6. If the husband has been insane for two ears or has a serious illness
7. The wife can also divorce due to the continuous cruelty of the husband .divorce
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