Mohd. Ahmed Khan vs Shah Bano Begum And Ors
Writ petition no: Civil Appeal No.7454 of 1981
Date of Judgment: 23-04-1985

The Shah Bano case, officially known as “Mohd. Ahmed Khan vs Shah Bano Begum and Others,” is a landmark legal case in India that had significant implications for Muslim women’s rights and the intersection of personal laws, religion, and gender equality. The case revolved around the issue of maintenance for a divorced Muslim woman.

Facts

Shah Bano, an elderly Muslim woman, was divorced by her husband, Mohd. Ahmed Khan, in 1978. After the divorce, she filed a maintenance petition under section 125 of the Code of Criminal Procedure (CrPC) in a lower court, seeking financial support from her husband.

Legal Issue

The key issue in the case was whether Muslim women could claim maintenance under section 125 of the CrPC, which allows destitute wives, children, and parents to seek maintenance from their relatives.

Extra Info: Under the new Bharatiya Nagarik Suraksha Sanhita of 2023, maintenance is mentioned under Chapter X.

Court Decisions

Here’s what the High Court and the Indian Supreme Court said.

High Court

The High Court initially ruled in favour of Shah Bano, granting her maintenance. This decision was based on the interpretation that section 125 of the CrPC was applicable to all Indian citizens, regardless of their religion.

Supreme Court

The case was subsequently appealed to the Supreme Court of India. The petitioner’s contentions were based on the belief that personal laws should prevail over general laws like section 125 of the CrPC and that religious customs and practices should not be subjected to legal scrutiny.

This argument was rooted in the belief that the state should not interfere with religious matters, particularly in a diverse and pluralistic society like India.

The petitioner’s contentions raised complex issues related to personal laws, gender justice, and the intersection of religious freedom and the rule of law.

In a landmark judgment in 1985, a five-judge bench of the Supreme Court, led by Chief Justice YV Chandrachud, ruled in favour of Shah Bano. The Supreme Court held that Muslim women were indeed eligible to seek maintenance under section 125 of the CrPC, emphasising the principle of gender equality and the Fundamental Rights enshrined in the Indian Constitution.

Controversy and Legislative Response

The Supreme Court’s decision in favour of Shah Bano created controversy, especially among certain Muslim religious groups, who argued that it was an interference in personal laws governed by Islamic principles.

In response to the controversy, the Indian government, led by Prime Minister Rajiv Gandhi, passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act effectively nullified the Supreme Court’s decision by limiting the maintenance period for divorced Muslim women and shifting the responsibility of maintenance from the state to the Muslim husband or relatives.

Impact

The Shah Bano case and its aftermath had a significant impact on the debate surrounding personal laws, religious rights, and gender equality in India. While it highlighted the issue of gender justice and the need for reforms in personal laws, it also underscored the complexities involved in reconciling religious practices with modern legal principles in a diverse and pluralistic society like India.

The case brought attention to the larger debate over a uniform civil code in India, which seeks to establish a common set of personal laws that are applicable to all citizens, irrespective of their religion. The issue of personal laws and gender justice remains a topic of ongoing discussion and reform efforts in the country.

Shah Bano Begum Case Explained in Simple Words
Sravani Ravinuthala

Chapter XX of the Indian Penal Code, 1860, deals with offences related to marriage. Section 494 of this chapter addresses the offence of a spouse marrying again during the existence of the first marriage. This offence is called an offence of bigamy under IPC. The scope of this section is wide enough to include both males and females within its ambit.

Section 494 of IPC states:

• whoever has a husband or wife living,
• marries again, and the second marriage is void because it is taking place during the life of such husband or wife,
• such person shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.

However, in the case of hidden former marriages, the perpetrator may be punished with imprisonment of either description for a term of up to ten years and fined. (Section 495 of IPC)

This law note deals with the offence of bigamy, its essentials, and the current judgements of the Supreme Court of India.

Essential Ingredients for the Offence of Bigamy

These are the three essentials for the offence of bigamy:

Let us read about them in detail below.

1. Existence of a Previous Marriage

The first marriage must still exist at the time of the second marriage, and it must be valid. The second marriage does not constitute bigamy if the first marriage is not valid. At the time of the second marriage, the first spouse should still be alive.

However, section 494 of IPC does not attract when:

1. Marrying after the first marriage has been declared void by a court of law; or
2. The former has been continuously absent for seven years, and there has been no communication with the other party; or
3. A divorce has taken place between husband and wife according to the provision of law.

2. Second Marriage to Be a Valid One

The first marriage, as well as the second marriage, must be valid to qualify for the provision of section 494. The parties to the marriage must have performed all the necessary ceremonies required by their laws.

In Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr (1965), the Supreme Court held that to constitute the offence of bigamy, not only the first marriage but also the second marriage should be a valid one. Further, the court said that marriage must be celebrated with proper ceremonies and in due form.

3. Second Marriage to Be Void Because of First Husband or Wife Is Still Living

To constitute bigamy, the second marriage must be declared void since it occurs during the lifetime of the first wife or husband. It does not apply to cases where the parties’ customs or personal laws permit a second marriage.

For example:

• Section 17 of the Hindu Marriage Act makes a second marriage void. Thus because of section 17 of the Hindu Marriage Act, section 494 of IPC is made applicable to Hindus.
• In Muslim personal law, the second marriage of a Muslim male is not void; thus, section 494 of IPC does not apply to Muslim marriages.

Read: Muta Marriage Under Islam – A Marriage Only for Pleasure

Bigamy: Effect of Conversion to Other Religions – What Happens When a Hindu Converts to Islam for Second Marriage

Conversion means converting oneself from one religion to another. After the enactment of the Hindu Marriage Act, it was shown that many Hindu husbands converted to Islam and married again as per Muslim personal law to exonerate themselves from the criminal liability of bigamy, as the offence of bigamy does not apply to a Muslim marriage. The matter came before the Supreme Court for the first time in the case of Sarla Mudgal vs Union of India (1995).

Sarla Mudgal vs Union of India (1995)

The questions before the Supreme Court were:

1. Can Hindus who have married under the law of Hinduism be married again under the law of Islam?
2. What will be the authenticity of such a marriage?
3. Does the converted husband commit the offence under section 494 of the IPC?

The Supreme Court answered:

1. A marriage celebrated under Hindu law cannot automatically be dissolved by converting to another religion. Where a marriage takes place under Hindu law, the parties acquire certain rights by the marriage itself. Such as the wife’s right to be maintained by the husband, having an equal share in the husband’s property, etc. These rights will not be dissolved just because the husband converted to another religion. If he wants to end his liability, he has to divorce his wife as per Hindu law.
2. On the question of the validity of such marriage, the court said, in the case of a Hindu husband who marries a second time after converting to Islam, the marriage is void because it occurs during the lifetime of his first wife.
3. In this situation, parties who have been married under the Hindu Marriage Act continue to be married according to Hindu law even if their husband embraces Islam to seek another wife.
4. As for the applicability of section 494 IPC, the court ruled that the second marriage is void since it takes place during the lifetime of the first wife, making the accused liable for bigamy.

Lily Thomas vs Union of India (2000)

The petitioner challenged the decision of Sarla Mudgal. According to him, the decision violated the right to life and liberty, as well as rights to freedom of religion protected by Articles 20, 21, 25 and 26 of the Constitution.

The Supreme Court affirmed its decision on Sarla Mudgal and held that the second marriage solemnised by a Hindu during the subsistence of the first marriage is an offence punishable under penal law.

The Constitution guarantees that every individual has not only the right to believe in the religion of his choice but also the right to express his beliefs and ideas in a manner that does not infringe on someone else’s religious freedom and personal rights. According to the court, when a Hindu husband contracted a second marriage after converting, he was not doing so out of conscience but to achieve his ulterior motives. According to Article 25 of the Constitution, these rights are guaranteed without encroaching on similar rights of others.

The court further said it is not possible for the husband or wife to end the marital bonds already established as a result of a valid Hindu marriage by converting to another religion. Therefore, during the lifetime of the first marriage, another marriage cannot be performed, even under any other personal law. And if such a marriage were to take place, the person would be subject to prosecution under section 494 of IPC.

Read Next:
1. Why Marital Rape Should Be Criminalised and Why It Shouldn’t
2. Legality of Child Marriage Under Indian Laws
3. Adultery in India – Meaning, Punishment and Recent Decision
4. What to Do if Wife Forces You to Separate From Your Parents?

What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for Second Marriage?
Ritesh Kumar

Marriage is similar to an investment where two people invest time, energy and money. When a marriage breaks, the person suffers not only mental trauma but also financial difficulties. Alimony refers to the maintenance or financial support provided by the spouse after divorce. It is given so that the spouse who has no means to carry out basic activities is provided with financial aid.

Eligibility to Get Alimony

The wife or the husband is eligible to get the alimony in accordance with their circumstances. The court will analyse and recognise their individual capacity. If a wife is not earning, the court will consider her educational qualification and ability to earn. The court will then decide her alimony. If the husband is not able to earn or is disabled and the wife is earning, the court will consider giving alimony to the husband.

As per section 25 of the Hindu Marriage Act, alimony of permanent nature is provided by the court to the wife or even the husband. If there is a considerable difference in the wife’s earnings compared to that of her husband and he is earning more, she is provided with the alimony so that she can maintain the same standard of living.

Further, section 125 of the Code of Criminal Procedure provides for the maintenance of wives, children and parents.

Related: Maintenance Under the Criminal Procedure Code

Calculation of Alimony

Alimony is paid either monthly, yearly or as a one-time payment. There is no hard and fast rule followed in calculating the alimony. Usually, it is ⅓ or ⅕ of the husband’s income. The court considers several factors such as standard of living, the conduct of both the parties, financial status and so on when it comes to fixing the alimony.

Thus the law relating to alimony helps the person who is financially not sound to face a difficult situation like this in a better way.

Read Next:
1. Law for Maintenance of Parents, Wife, and Children in India
2. List of Important Sections of Hindu Law

What Is the Law Related to Alimony in India?
Sidhida Varma S

Meaning of Muta Marriage

The meaning of ‘Muta’ is enjoyment. Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. Muslim Law in the Shia sect (Athna Ashria school) recognises the concept of Muta Marriage.

Conditions and Essentials of Muta Marriage

1. The parties must have attained the age of puberty, which is above 15 years of age.

2. There is no restriction on the number of Muta wives.

3. There must be free consent by the parties.

4. The time period and Dower must be mentioned in the nikah nama.

5. The cohabitation between the parties is lawful.

6. The children born out of such marriage are legitimate and have the right to inherit the properties of both parents.

7. The husband and wife don’t have any mutual right of inheritance.

8. Muta wife is not entitled to claim maintenance under personal law, but she can claim under Section 125 of CrPC.

9. The wife is entitled to get full Dower if the husband cohabits, but if the husband doesn’t cohabit, then the wife is entitled to half dower.

10. Divorce is not recognised under Muta Marriage.

Termination of Muta Marriage

Muta Marriage can be terminated by one of the following reasons.

1. Expiry of the time period.
2. Death of either party.
3. Hiba I Muddat, that is, husband gifts the unexpired term of the marriage.

Note: The parties must not be under a prohibited degree of relationship.

Read Next:
1. What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for Second Marriage
2. Legality of Child Marriage Under Indian Laws

What Is Muta Marriage and What Are Its Conditions
WritingLaw

Child marriage means a marriage where two individuals marry before attaining the age of majority. For marriage, the girl’s age should be 18 years and the boy’s 21 years.

Child marriage is the bad reality of our society, and even after enacting several laws by the parliament, these kinds of marriages are still in practice in India.

Although both boys and girls are the sufferers of child marriage, comparatively, the girl child is the one who suffers the most. Early marriage leads to early responsibilities, early pregnancy, no access to education, etc. Even the girl is not mentally, emotionally, or physically prepared for the marriage and subsequent responsibilities. Such marriage takes away the childhood of a girl.

Child marriage is a violation of human rights as well as the Fundamental Rights of an individual.

In this law note, we will learn about the laws related to child marriage and the issues faced by the girls and boys who enter such marriages.

Meaning of Child Marriage

“Child” means a person who has not completed the age of 21 years in the case of males and 18 years in the case of females”. “Child Marriage” means a marriage to which any of the contracting parties is a child.

Development of Laws on Child Marriage

The origin of child marriage is not certain, but this is a very old concept, and even after making various laws to stop this practice, it is still prevalent in India, especially in rural areas.

The movement against child marriage was first started after the case of Queen vs Haree Mohan Mythee (1890), in which an 11-year-old girl died due to injuries sustained during sexual intercourse with her 35-year-old husband.

The age of consent for sexual intercourse was increased from 10 years to 12 years by the Criminal Law (Amendment) Act, 1891, to protect women from immature cohabitation. Later in 1929, the age of consent was again increased from 12 to 13 years by the same amendment in case of child marriages.

In 1927, a Bill to prevent the solemnisation of child marriages among Hindus by declaring such marriages void if either party was under the age of marriage was presented by Rai Sahib Har Bilas Sarda. The Bill was then converted into the Child Marriage Restraint Act, 1929.

Legislative Provisions for Child Marriage

Legislative provisions brought by the parliament to prevent or restrain child marriages are:

The Child Marriage Restraint Act, 1929

The Child Marriage Restraint Act applies not only to Hindus but also to all the citizens of the society. Initially, the age prescribed in this Act for marriage was 14 years and 18 years for females and males, respectively. Later by an Amendment Act of 1949, the age limit of girls was raised to 15 years. After that, through an amendment in 1978, the age of both boys and girls was increased to 18 and 21 years respectively.

It is believed that an increase in the age of marriage will be better for the development of a girl and her child.

The Child Marriage Restraint Act gives the power to the court to penalise the groom who is above 21 years of age with 3 months of simple imprisonment and a fine for marrying a minor girl. And if the groom is between 18 – 21 years, he shall be punished with simple imprisonment of up to 15 days or a fine of Rs. 1,000 or both.

Parents or guardians can be penalised with simple imprisonment of 3 months along with a fine.

However, a similar option did not exist for a female adult who married a minor boy, probably due to the rare occurrence of such cases.

The Hindu Marriage Act, 1955

The Hindu Marriage Act lays down various conditions for solemnising a valid marriage between a male and a female. Before the enactment of the Child Marriage Restraint Act, 1978, if a male is a minor and has to marry, then the consent of a guardian is a must in such cases. But after the enactment of the Child Marriage Restraint Act, 1978, the age of marriage was increased to 18 years for females and 21 years for males and consent of guardians is not required in such cases.

Section 5 provides the essential conditions for a valid marriage. And if any marriage is performed in contravention of section 5(iii), which specifically lays down the age of parties for performing a marriage, then such a marriage will be voidable.

The Prohibition of Child Marriage Act, 2006 (PCMA)

As per the Prohibition of Child Marriage Act, any party to a child marriage can declare their marriage to be voidable. And a girl can file a petition for a voidable marriage until she attains the age of 20 years or till her remarriage. This Act also allows a girl to take maintenance and residence from the male member (groom) or his parents.

Punishments given under PCMA are quite higher than the Child Marriage Restraint Act of 1929 as the punishment for male adult or anyone who performs, conducts, directs, or abets any child marriage has been enhanced to 2 years of rigorous imprisonment or with a fine up to one lakh rupees or both.

All the offences performed under this Act are cognizable and non-bailable and also allow for an injunction to restrain child marriages.

The provision declaring child marriage invalid and void in specific cases, including kidnapping, abduction, or trafficking of minors, is perhaps the most significant modification made by the Act.

Child Marriage and Reproductive Rights

Every human being has a right to marry voluntarily and the right to reproduction. Child marriage indeed leads to loss of childhood, early pregnancy, etc.

Marrying a girl in her childhood will undoubtedly result in infringement of her reproductive rights as at that age when she is not mature enough to take care of her, how can we expect her to take care of a baby?

The girl is tiny, and she is more prone to become the victim of marital rape, sexual abuse by her husband, undesirable pregnancy, early maternity, and, most importantly, her life is not her own anymore. It is being controlled by her husband or in-laws.

However, Human rights campaigners have long contended that the government must be held responsible for the abuse of reproductive rights because they have a responsibility to defend the human rights of their citizens.

Case Laws Related to Child Marriage

Case laws related to the provisions of child marriage are given below.

Jitender Kumar Sharma vs State (2010)

The court stated that the Prohibition of Child Marriage Restraint Act, 2006, is secular and overrides the Hindu Marriage Act, 1955. However, even after the enactment of the Prohibition of Child Marriage Restraint Act, 2006, there are still certain gaps in the law because it does not prohibit child marriage. The practise of child marriage has been discouraged by regulation, but it is not entirely prohibited.

Naumi vs Narottam (1962)

The Himachal Pradesh High Court held that child marriage is neither void nor voidable.

Mohinder Kaur vs Major Singh (1971)

The Punjab and Haryana High Court observed that the solemnisation of child marriage is not a defence to a claim for conjugal rights restitution.

Conclusion

Child marriage is a severe social problem that infringes on the reproductive rights of girls, which make up the majority of their human rights.

Early marriage and motherhood infringe on a girl’s freedom to manage her own body, limit her educational and professional options, and cause problems for her and her children.

As a result, the human rights of a female child are violated at a time in her life when they are most vulnerable. And even though there are specific legislations enacted by the government to prohibit child marriages, child marriage is still prevalent in our society.

Read Next:
1. What Are the Laws Related to Child Abuse in India?
2. Laws and Policies for the Protection of Children in India
3. What Is the POCSO Act and What Rights It Provide to a Child

Legality of Child Marriage Under Indian Laws
Anushka Saxena

Muslim Marriage as a Contract

It is said that marriage under Muslim law is simply a contract that unites the bride and groom, fulfilling certain conditions like consent, witness, etc. But what I want to ask is, “how can a marriage be a contract?”

Why are we putting a sacrament called marriage into the shutter of contract! Is it only because its essentials correlate or are similar to that of a contract. Is this why we have termed it as a contract?

The revelation of the holy Quran was made in 610 CE, and the Indian Contract Act came in the year 1872. Then how come the essentials of marriage are similar to conditions of contract. Prophet Mohammad revealed the requisites for Muslim marriage in the early centuries.

At-Tirmidhi Hadith 3096 Narrated by Anas ibn Malik Allah’s Messenger (peace be upon him) said,

“When a man marries, he has fulfilled half of the deen (din, creed, religion), so let him fear Allah regarding the remaining half.”

In my view, marriage is purely a sacrament irrespective of any religion.

“It is said that when a man marries, he completes half of his religion.”

By this, we can relate how marriage is considered a sacrament in Hadiths.

The Prophet had called talaq the most abhorrent practices made permissible by the holy Quran. It was supposed to be the last resort of a couple who found they could no longer live together and when all attempts at reconciliation and counselling failed. In such a case, it was better that the woman was “allowed to go with kindness” [Qur’an, 2:229] and left free to remarry.

Nikah Halala in India

The concept of Nikah Halala is practised in different parts of India, deteriorating the honour of women.

Halala means a man can remarry the same woman if she first marries another man, consummates the marriage (that is, have sexual intercourse), and only if the man dies or willingly asks for a divorce, can the woman go back to her first husband and remarry him.

The holy Quran nowhere sanctions the Halala of a woman. It says,

“And if he has divorced her (for the third time), then she is not lawful to him afterwards until (after) she marries a husband other than him. And if the latter husband divorces her (or dies), there is no blame upon the woman and her former husband for returning to each other if they think that they can keep (within) the limits of Allah. These are the limits of Allah, which He makes clear to people who know.” (Quran 2:230)

It was to ensure that a man does not divorce his wife at any resort as marriage is a bond for whole life, but the purpose of the above words failed. This practice is misused and is against Islam as no religion teaches immorality. After giving divorce to wife and in wish of remarrying, her practising Halala is not just. It is against the spirit of Islam as well as humanity. How can a woman be a tool for satisfying the unjustified wishes of a man (husband)!

Why is there such a thing in practice in a country like India, where we proudly denote that the Constitution is the supreme guardian of citizens’ rights?

Recent Halala Case in India

In a recent case in Bareilly, a woman was given triple talaq twice and was forced to sleep with her father-in-law to facilitate her remarriage to her first husband. But the woman’s ordeal did not end here. She was pronounced triple talaq again by her husband after remarriage and was again forced to sleep with her brother-in-law in order to consummate her marriage. What nonsense is this! Where do we see in the above lines that wife was being treated as ‘wife.’ She was treated like a free prostitute living inside the boundaries of a house and used only as a ‘tool’ to satisfy the lust of three blood-related men! Is this humane?

There have been sting operations by reporters at various places like Hyderabad, Delhi, Mumbai, etc., where the mosque officials and other prominent Muslim holy figures have been caught on camera explaining the process of Nikah Halala and terming it as too easy. These people ask for huge sums of money (even going up to rupees 100000), and they assure that after one night, they would divorce the woman so that her first husband can remarry! Is this the 21st century we live in? The prevalence of these practices takes us many centuries back! (You can watch these by web searching for ‘Nikah Halala Sting Operation’)

Islam and Woman Rights

Ironically Islam was among the first religion to give women rights of inheritance. (This ‘being the first’ has contradictions, and there can be a debate around this. Nonetheless, it is established that Islam gives inheritance rights to women.)

Islamic law made girls’ education a sacred duty and gave women the right to own and inherit property.

Islam also imposed women’s consent as a condition for legitimate marriage.

But what people do and what religion prescribes are two different things.

In fact, the Prophet denounced it-

“Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.”
– Abu Dawud, Book 005, Hadith Number 2071, narrated by Ali Ibn Abu Talib.

A practice that deteriorates a woman’s dignity, attacks the identity of being a woman, and treats marriage just a contract and not anything beyond contract is a bane and should be abolished.

Original publication: September 2018
Revised for grammar: September 2021

Read Next:

• Legality of Child Marriage Under Indian Laws
• Cases Related to Muslim Women Protection of Rights on Divorce Act

Muslim Marriage and Nikah Halala in India
Arushi

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows-

Chapter I of Special Marriage Act – Preliminary

1. Short title, extent and commencement.

(1) This Act may be called the Special Marriage Act, 1954.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which the Act extends who are in the State (UT) of Jammu and Kashmir. (The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).)

(3) It shall come into force on such date, i.e. 1st January, 1955 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

In this Act, unless the context otherwise, requires,-
(a) Omitted.

(b) “degrees of prohibited relationship” – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedules are within the degrees of prohibited relationship.

Explanation I-
Relationship includes,-

(a) relationship by half or uterine blood as well as by full blood;
(b) illegitimate blood relationship as well as legitimate;
(c) relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.

Explanation II-
“Full blood” and “half blood“- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation III-
“Uterine blood“- two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation IV-
In Explanations II and III “ancestor” includes the father and “ancestress” the mother.

(c) “district“, in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of Section 3;

(d) “District Court” means, in any area for which there is a City Civil Court, and in any other area, the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act:

(e) “prescribed” means prescribed by rules made under this Act;

(f) “State Government“, in relation to a Union territory, means the Administrator thereof.

3. Marriage Officers.

(1) For the purpose of this Act, the State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.

(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.

Chapter II of Special Marriage Act, 1954 – Solemnization of Special Marriages

4. Conditions relating to solemnization of special marriage.

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:
(a) Neither party has a spouse living:
(b) neither party-

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and
(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.

Explanation-
In this section, “customs, in relation to a person belonging to any tribe, community, group or family“, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to the members of any tribes, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;
(ii) that such rule is certain and not unreasonable or opposed to public policy; and
(iii) that such rule is applicable only to a family, has not been discontinued by the family.

5. Notices of intended marriage.

When a marriage is intended to be solemnized under this Act, the parties of the marriage shall give notice thereof in writing in the Form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

6. Marriage Notice Book and publication.

(1) The Marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under Section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

7. Objection to marriage.

(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of Section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in Section 4.

(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of Section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).

(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.

8. Procedure on receipt of objection.

(1) If an objection is made under Section 7 to an intended marriage the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the Court.

9. Powers of Marriage Officers in respect of inquiries.

(1) For the purpose of any inquiry under Section 8, the Marriage Officer shall have all the powers vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents;
(d) reception of evidence on affidavits; and
(e) issuing commissions for the examination of witnesses; and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of Section 193 of the Indian Penal Code.

Explanation-
For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.

(2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs, by way of compensation not exceeding one thousand rupees, and award the whole, or any part thereof to the parties to the intended marriage, and any order of costs so made may be executed in the same manner as a decree passed by the District Court within the local limits of whose jurisdiction the Marriage Officer has his office.

10. Procedure on receipt of objection by Marriage Officer abroad.

Where an objection is made under Section 7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer shall act in conformity with the decision of the Central Government.

11. Declaration by parties and witnesses.

Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

12. Place and form of solemnization.

(1) The marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payments of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt:
Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,- “I (A) take thee (B), to be my lawful wife (or husband)”.

13. Certificate of marriage.

(1) When the marriage has been solemnized the Marriage Officer shall enter a certificate thereof in the Form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

14. New notice when marriage not solemnized within three months.

Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by Section 5 or where an appeal has been filed under sub-section (2) of Section 8, within three months from the date of the decision of the District Court on such appeal or where the record of a case has been transmitted to the Central Government under Section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

Chapter III of Special Marriage Act – Registration of Marriage Celebrated in Other Forms

15. Registration of marriages celebrated in other forms.

Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely-
(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

(c) neither party is an idiot or a lunatic at the time of registration;

(d) the parties have completed the age of twenty-one year at the time of registration;

(e) the parties are not within the degrees of prohibited relationship:
Provided that in case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

16. Procedure for registration.

Upon receipt of an application signed by both the parties to the marriage for the registration of their under this chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in Section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the Form specified in the Fifth Schedule and such certificate shall be signed by the parties to the marriage and by three witnesses.

17. Appeals from orders under Section 16.

Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of order, appeal against that order to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

18. Effect of registration of marriage under this Chapter.

Subject to the provisions contained in sub-section (2) of Section 24 where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:
Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

Chapter IV of Special Marriage Act – Consequences of Marriage Under This Act

19. Effect of marriage on member of undivided family.

The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to affect his severance from such family.

20. Rights and disabilities not affected by Act.

Subject to the provisions of Section 19, any person whose marriage is solemnized under this Act, shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850, applies.

21. Succession to property of parties married under Act.

Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.

21A. Special provision in certain cases.

Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Sections 19 and 21 shall not apply and so much of Section 20 as creates a disability shall also not apply.

Chapter V of Special Marriage Act – Restitution of Conjugal Rights and Judicial Separation

22. Restitution of conjugal rights.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other the aggrieved party may apply by petition to the District Court for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation-
Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

23. Judicial separation.

(1) A Petition for judicial separation may be presented to the District Court either by the husband or the wife-
(a) on any of the grounds specified in sub-section (1) and sub-section (1-A) of Section 27 on which a petition for divorce might have been presented; or
(b) on the grounds of failure to comply with a decree for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the Court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the Court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition rescind the decree if it considers it just and reasonable to do so.

Chapter VI of Special Marriage Act – Nullity of Marriage and Divorce

24. Void marriages.

(1) Any marriage solemnized under this Act shall be null and void (and may, on a petition presented by either party thereto against the other party, be so declared) by a decree of nullity if-

(i) any of the conditions specified in clause (a), (b), (c) and (d) of Section 4 has not been fulfilled: or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under the Act within the meaning of Section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of Section 15:
Provided that no such declaration shall be made in any case where an appeal has been preferred under Section 17 and the decision of the District Court has become final.

25. Voidable marriages.

Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-

(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872:

Provided that in the case specified in clause (ii) the Court shall not grant a decree unless it is satisfied-

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of existence of the grounds a decree:

Provided further that in the case specified in clause (iii), the Court shall not grant a decree if,-

(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or as the case may be, the fraud had been discovered.

26. Legitimacy of children of void and voidable marriages.

(1) Notwithstanding that a marriage is null and void under Section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 25, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or requiring any such rights by reason of his not being the legitimate child of his parents.

27. Divorce.

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code; or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation-
In this clause-
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent and whether or not it requires or is susceptible to medical treatment; or

(f) has been suffering from venereal disease in a communicable form; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or *Omitted by Personal Laws (Amendment) Act, 2019. Here is the original official PDF.
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive;

Explanation-
In this sub-section, the expression “desertion” means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1-A) A wife may also present a petitioner for divorce to the District Court on the ground-
(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;
(ii) that in a suit under Section 18 of the Hindus Adoptions and Maintenance Act, 1956, or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, or under the corresponding Section 488 of the Code of Criminal Procedure, 1898, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.

(2) Subject to the provisions of the Act and to the Rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970, may present a petition for divorce to the District Court on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

27A. Alternate relief in divorce proceedings.

In any proceeding under this Act, on a petition for a dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the ground mentioned in clause (h) of sub-section (1) of Section 27, the Court may, if it considers it just so to do, having regard to the circumstances of the case, pass instead a decree for judicial separation.

28. Divorce by mutual consent.

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

29. Restriction on petitions for divorce during first three years after marriage.

(1) No petition for divorce shall be presented to the District Court unless at the date of the presentation of the petition one year has passed since the date of entering the certificate of marriage in the Marriage Certificate Book:
Provided that the District Court may, upon application being made to it allow a petition to be presented before one year has passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the District Court at the hearing of the Petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the District Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the expiration of the said one year upon the same or substantially the same facts, as those proved in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the District Court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

30. Re-marriage of divorced persons.

Where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, either party to the marriage may marry again.

Chapter VII of Special Marriage Act – Jurisdiction and Procedure

31. Court to which petition should be made.

(1) Every petition under Chapter V or Chapter VI shall be presented to the District Court within the local limits of whose original civil jurisdiction-
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition resides; or
(iii) the parties to the marriage last resided together; or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he was alive.

(2) Without prejudice to any jurisdiction exercisable by the Court under sub-section (1), the District Court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident, therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

32. Contents and verification of petitions.

(1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded and shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and may, at the hearing, be referred to as evidence.

33. Proceedings to be in camera and may not be printed or published.

(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

34. Duty of Court in passing decrees.

(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the Court if satisfied that,-
(a) any of the grounds for granting relief exists; and
(b) where the petition is founded on the ground specified in clause (a) of sub-section (1) of Section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and
(d) the petition is not presented or prosecuted in collusion with the respondent; and
(e) there has not been any unnecessary or improper delay in instituting the proceedings; and
(f) there is no other legal ground why the relief should not be granted; then, and in such a case, but not otherwise, the Court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clauses (c), (e), (f), (g) and (h) of sub-section (1) of Section 27.

(3) For the purpose of aiding the Court in bringing about such reconciliation, the Court may, if the parties so desire or if the Court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days, and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been effected and the Court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties.

35. Relief for respondent in divorce and other proceedings.

In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make counter-claim for any relief under this Act on that ground, and if the petitioner’s adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.

36. Alimony pendente lite.

Where in any proceeding under Chapter V or Chapter VI it appears to the District Court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband’s income, it may seem to the Court to be reasonable.

Related: What Is the Law Related to Alimony in India?

37. Permanent alimony and maintenance.

(1) Any Court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property, such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as having regard to her own property, if any, her husband’s property and ability, the conduct of the parties and other circumstances of the case it may seem to the Court to be just.

(2) If the District Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the Court to be just.

(3) If the District Court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the Court may deem just.

38. Custody of children.

In any proceeding under Chapter V or Chapter VI the District Court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.

39. Appeals from decrees and orders.

(1) All decrees made by the Court in any proceeding under Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceeding under this Act under Section 37 or Section 38 shall subject to the provisions of Sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of the costs only.

(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

39A. Enforcement of decrees and orders.

All decrees and orders made by the Court in any proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction for the time being are enforced.

40. Application of Act 5 of 1908.

Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

40A. Power to transfer petitions in certain cases.

(1) Where-
(a) a petition under this Act has been presented to the District Court having jurisdiction by a party to the marriage praying for a decree for judicial separation under Section 23 or for a decree of divorce under Section 27, and
(b) another petition under this act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under Section 23, or for decree of divorce under Section 27 on any ground whether in the same District Court or in a different District Court, in the same State or in a different State, the petition shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court:
(b) if the petitions are presented to different District Courts the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the Court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908, to transfer any suit or proceeding from the District Court in which the later petition has been presented to the District Court in which the earlier petition is pending shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

40B. Special provision relating to trial and disposal of petitions under the Act.

(1) The trial of a petition under this Act shall so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusions, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

40C. Documentary evidence.

Notwithstanding anything contained in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

41. Power of High Court to make rules regulating procedure.

(1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908, as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for-
(a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be excused from doing so:
(b) the awarding of damages against any such co-respondent,
(c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto:
(d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and
(e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869.

Chapter VIII of Special Marriage Act – Miscellaneous

42. Saving.

Nothing contained in this Act shall affect the validity of any marriage not solemnized under its provisions; not shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage.

43. Penalty on married person marrying again under this Act.

Save as otherwise provided in Chapter III, every person who, being at the time married procures a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under Section 494 or Section 495 of the Indian Penal Code 1860, as the case may be, and the marriage so solemnized shall be void.

44. Punishment of bigamy.

Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in Sections 494 and 495 of the Indian Penal Code, 1860 for the offence of marrying again during the lifetime of a husband of wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate.

Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in Section 199 of the Indian Penal Code, 1860.

46. Penalty for wrongful action of Marriage Officer.

Any Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act,-
(1) without publishing a notice regarding such marriage as required by Section 5; or
(2) within thirty days of the publication of the notice such marriage; or
(3) in contravention of any other provision contained in this Act, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection.

(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.

48. Transmission of copies of entries in marriage records.

Every Marriage Officer in a State shall send to Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and in the case of Marriage Officers outside the territories to which this Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

49. Correction of errors.

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married, or in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under Section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in the like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

50. Power to make rules.

(1) The Central Government, in the case of officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction;
(b) the manner in which a Marriage Officer may hold inquiries under this Act and the procedure therefor:
(c) the form and manner in which any books required by or under this Act shall be maintained:
(d) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;
(e) the manner in which public notice shall be given under Section 16:
(f) the form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of Section 48:
(g) any other matter which may be or requires to be prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legislature.

51. Repeals and savings.

(1) The Special Marriage Act, 1872, and any law corresponding to the Special Marriage Act, 1872, in force in any Part B State immediately before the commencement of this Act are hereby repealed.

(2) Notwithstanding such repeal-
(a) all marriages duly solemnized under Special Marriage Act, 1872 or any such corresponding law shall be deemed to have been solemnized under this Act:
(b) all suits and proceeding in causes and matters matrimonial which, when this Act comes into operation, are pending in any Court shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in Section 6 of the General Clauses Act, 1897 which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.

First Schedule of Special Marriage Act, 1954

(See section 2(b) “Degrees of prohibited relationship”)

PART I

1. Mother.
2. Father’s widow (stepmother).
3. Mother’s mother.
4. Mother’s father’s widow (step-grandmother).
5. Mother’s mother’s mother.
6. Mother’s mother’s father’s widow (step-great grandmother).
7. Mother’s mother’s mother.
8. Mother’s father’s father’s widow (step-great grandmother).
9. Father’s mother.
10. Father’s father’s widow (step-grandmother).
11. Father’s mother’s mother.
12. Father’s mother’s father’s widow (step-great grandmother).
13. Father’s father’s mother.
14. Father’s father’s father’s widow (step-great grandmother).
15. Daughter.
16. Son’s widow.
17. Daughter’s daughter.
18. Daughter’s son’s widow.
19. Son’ daughter.
20. Son’s son’s widow.
21. Daughter’s daughter’s daughter.
22. Daughter’s daughter’s son’s widow.
23. Daughter’s son’s daughter.
24. Daughter’s son’s son’s widow.
25. Son’s daughter’s daughter.
26. Son’s daughter’s son’s widow.
27. Son’s son’s daughter.
28. Son’s son’s son’s widow.
29. Sister.
30. Sister’s daughter.
31. Brother’s daughter.
32. Mother’s sister.
33. Father’s sister.
34. Father’s brother’s daughter.
35. Father’s sister’s daughter.
36. Mother’s sister’s daughter.
37. Mother’s brothers’ daughter.

Explanation- For the purposes of this Part, the expression “widow” includes a divorced wife.

PART II

1. Father.
2. Mother’s husband (stepfather).
3. Father’s father.
4. Father’s mother’s husband (step-grandfather).
5. Father’s father’s father.
6. Father’s father’s mother’s husband (step-great grandfather).
7. Father’s mother’s father.
8. Father’s mother’s mother’s husband (step-great grandfather).
9. Mother’s father.
10. Mother’s mother’s husband (step-grandfather).
11. Mother’s father’s father.
12. Mother’s father’s mother’s husband (step-great grandfather).
13. Mother’s mother’s father.
14. Mother’s mother’s mother’s husband (step-great grandfather).
15. Son.
16. Daughter’s husband.
17. Son’s son.
18. Son’s daughter’s husband.
19. Daughter’s son.
20. Daughter’s daughter’s husband.
21. Son’s son’s son.
22. Son’s son’s daughter’s husband.
23. Son’s daughter’s son.
24. Son’s daughter’s daughter’s husband.
25. Daughter’s son’s son.
26. Daughter’s son’s daughter’s husband.
27. Daughter’s daughter’s son.
28. Daughter’s daughter’s daughter’s husband.
29. Brother.
30. Brother’s son.
31. Sister’s son.
32. Mother’s brother.
33. Father’s brother.
34. Father’s brother’s son.
35. Father’s sister’s son.
36. Mother’s sister’s son.
37. Mother’s brother’s son.

Explanation- For the purposes of this Part, the expression “husband” includes a divorced husband.

Please see this for Second, Third, Fourth and Fifth Schedules of the Special Marriage Act.

You may also like to see:

• Hindu Marriage Act, 1955
• Dowry Prohibition Act, 1961
• Protection of Children from Sexual Offences Act, 2012
• Protection of Women From Domestic Violence Act, 2005

Special Marriage Act, 1954
WritingLaw

Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminates the marriage.

Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage. Accordingly, she could plead for the dissolution of her marriage under the doctrine of Faskh only.

Following were the main reasons for dissolving the marriage at the wife’s wish:
(a) the marriage is irregular.
(b) the person who has the option of avoiding marriage has exercised his option.
(c) the marriage was performed within prohibited degrees.
(d) the marriage is contracted by non-Muslims, with parties adopting Islam.

Recent judgement on the dissolution of marriage in Muslim

Recently, the High Court discussed the various modes of dissolution of marriage in a detailed manner in a judgement. The Bench first discussed the general modes of dissolution in Muslim personal law and then discussed the modes particularly available to women. The court explained the modes that are available to a woman are:

1. Talaq-e-tafwiz, where the wife can dissolve the marriage if her husband fails to keep his end of the marriage contract.
2. Khula, where a wife can unilaterally divorce her husband by returning his Dower.
3. Mubara’at, dissolution by mutual consent, and
4. Faskh, dissolution with the intervention of a third person such as a Qazi.

The court has noted that Section 2 of the Shariat Act mainly recognized all modes of extra-judicial divorce except Faskh.

In KC Moyin vs Nafeesa, 1972, the High Court had contended that a woman could only make use of remedies under the Dissolution of Muslim Marriages Act and could not request remedies under personal law (extra-judicial remedies).

In Raseena Pareekunju vs Muhammed Asif, the court has disagreed with the above statement after examining the provisions of the dissolution of the Muslim Marriage Act and has ruled that:

“On an overall analysis of the scheme of the Shariat Act as well as the Dissolution of Muslim Marriages Act as above, we are of the considered view that the Dissolution of Muslim Marriages Act restrict Muslim women to annul their marriage invoking Faskh except through the intervention of the Court. All other forms of extra-judicial divorce as referred to in Section 2 of the Shariat Act are thus available to a Muslim woman. We, therefore, hold that the law declared in KC Moyin’s case (supra) is not good law”.

Earlier, a Muslim woman could plead for the dissolution of her marriage under the doctrine of Faskh only, and she was not allowed to request remedies under personal law (extra-judicial remedies). With the passing of recent judgement (Raseena Pareekunju vs Muhammed Asif), the Kerala High Court overrules a 49 year old verdict that a woman could only make use of remedies under the Dissolution of Muslim Marriages Act and could not request remedies under personal law (extra-judicial remedies). As of now, a Muslim woman can now dissolve or end her marriage via four modes, that are:

1. Talaq-e-tafwiz
2. Khula
3. Mubarat, and
4. Faskh

Read Next:

• Cases Related to Grounds for Dissolution of Muslim Marriage
• Cases Related to Muslim Women Protection of Rights on Divorce Act

Right of Muslim Women to Take Divorce Under Faskh
Subhashini Parihar

What is Dower/Mahr? Dower or Mahr is a sum of money that a husband pays to his wife on marriage. According to Mulla, “It is an obligation imposed upon the husband as a mark of respect to the wife.”

There existed many forms of sexual relationship between a man and a woman in the pre-Islamic era. Men, after using a woman as a chattel, used to make them move out. The condition of women was helpless, and their existence was of no vital use.

Therefore, the concept of Dower worked as a sense of security for the wife. If in case, the husband abandons the wife or compels her to move out, the amount of Dower becomes the source of her livelihood.

• Dower Essential For Muslim Marriage
• Classification Of Dower
  • What is Specified Dower
  • What is Customary Dower
• Remedies To Wife On Non-Payment Of Dower

Dower Essential For Muslim Marriage

Dower or Mahr is considered as an important essential to perform marriage (nikah) in Islam. It is regarded as a consideration to the wife in marriage. Without it, the marriage is deemed incomplete. It is in the form of a gift given by a husband to the wife.

Abdul Kadir vs. Salima, 1886

In this case, Justice Mahmood said that in Muslim Law, Dower is a sum of money that a husband promises to pay to the wife in consideration of nikah. And if the Dower is not fixed at the time of marriage, then the law gives rights to the wife to decide upon the non-payment of Dower.

Classification Of Dower

Dower can be classified into two categories:
1. Specified Dower
a. Prompt Dower
b. Deferred Dower
2. Customary Dower

What is Specified Dower

If the amount of Dower is decided at the time of marriage, it is known as specified Dower. It may be settled even before or after the ceremony of marriage. If the parties to the marriage are minor, then the guardian can fix the sum of Dower on behalf of the minor.

Prompt Dower

Prompt means ‘immediately.’ This Dower is paid by the husband to the wife on demand immediately after the marriage. If the husband doesn’t give the sum of Dower to the wife, she may refuse herself to her husband.

Even if the marriage has been consummated, the right of prompt Dower of a wife does not extinguish. The wife has the right to recover that amount afterwards. For recovering the prompt Dower, the wife has three years of limitation period.

Deferred Dower

The deferred Dower is given to the wife if the marriage dissolves or the husband dies. The purpose of giving this Dower is the maintenance* of the wife after the husband.

The Dower, which is to be paid at the time of marriage like prompt Dower, can become deferred Dower if the wife doesn’t demand immediately after marriage. The moment she demands the sum of Dower, the Dower is no more deferred and has to be paid to the wife immediately.

What is Customary Dower

If at the time of marriage, the amount of Dower is not fixed by the parties or the parties agree to the fact that the wife will not claim any dower after marriage. Then in such a situation, the wife is entitled to customary Dower.

The basis for determining customary Dower is-

1. The personal qualification of the wife. Everything is considered from her beauty to intelligence.
2. The social status of the wife’s father and family background is considered.
3. The amount of Dower given to her family females is considered.
4. The economic and social status of the husband is also taken into consideration.
5. The other factors, such as present circumstances and family situations at the time of determining Dower.

Remedies To Wife On Non-Payment Of Dower

1. If the amount of Dower is not paid to the wife, she can refuse to cohabit with her husband until the sum is paid to her. If the marriage is consummated then, she can’t deny cohabiting.

2. If the Dower is not paid to the wife then she can file a suit against her husband and recover the sum of Dower. Or, if the husband has died, she may recover it from his property or heirs.

3. The wife can remain in possession of the husband’s property until the amount of Dower is paid. But she does not have the right to sell or alienate the property.

A Thought About Dower

So many writers say that Dower is like a consideration given in a contract. But it is not a mere consideration. It is a mark of respect given to the wife at the time of marriage.

Dower or Mahr is a security which is given to the wife for a secured livelihood. This is the reason it has been made an essential element in the performance of Muslim marriage.

*User query: I think the word maintenance should not be there?
Ans: A deferred dower is payable after the husband’s death or if divorce is given to the wife. So the sum of mahr which she receives upon it is basically for her to maintain herself. It’s a mark of respect to the wife. This sum helps the woman to continue her life necessities even after death or divorce from her husband. So in this sense, it is written as maintenance. Because here, we are not mentioning this under any case head.

Read Next: Cases Related to Muslim Women Protection of Rights on Divorce Act

What is Dower or Mahr in Muslim Law
Arushi

Divorce In Islam

Muslim Marriage Act: Divorce under Muslim Law is of two types:-
1. Extra Judicial Divorce
2. Judicial Divorce

Extra Judicial Divorce in Islam

Extra judicial divorce in Islam consists of the following divisions:-
I. By husband: Talaq, Ila, Zihar
II. By wife: Talaq-i-tafweez
III. By mutual consent: Khula, Mubarat

Talaq in Islam

1. Talaq-e-Ahsan: It consists of a single pronouncement of divorce. It is irrevocable even after the expiration of the period of iddat.

2. Talaq-e-Hasan: When the husband repudiates his wife during a Tuhr (period of purity) in which he has not had carnal connection with her, and he repeats the repudiation during the next two Tuhrs, which makes the divorce final and irrevocable.

3. Talaq-ul-Biddat: Three pronouncements are made in a single breath. It becomes irrevocable as soon as it is pronounced. It is considered to be the worst form of divorce.

New: The supreme court in Shayara Bano vs Union of India, 2017 has declared talaq-ul-biddat as unconstitutional, stating that, it leaves a woman in a miserable situation and there is no scope of reconciliation once the pronouncement is made.

4. Ila: If a husband, after having attained puberty, swears by god not to have sexual intercourse with his wife for a period of four months or for any unspecified period, he is said to make Ila.

5. Zihar: If the husband compares his wife to his mother or to a female within prohibited degrees of relationship, the wife has the right to avoid him until he performs punishment for his wrong done/sin.

6. Khula: Khula is separation by putting an end to the matrimonial bonds and rights. It is that right in which the wife agrees to give a certain amount of consideration to the husband for her release from the marriage ties.

7. Mubarat: Mubarat is the dissolution of marriage by mutual agreement. The offer may be made by any party, either husband or wife.

8. Talaq-e-Tafweez: A husband may delegate his power of talaq to his wife. An agreement is made before or after marriage, providing that the wife is at liberty to take divorce from his husband provided that such power is not absolute and unconditional and that the conditions are reasonable and not opposed to law.

Judicial Divorce in Islam

Dissolution of Muslim Marriage act, 1939: Judicial divorce in Islam consists of – Lian and Fask.

1. Lian: When the husband puts charges of adultery on the wife, and later the charges are proved false, the wife is entitled to sue and ask for a divorce.

2. Fask: Muslim law allows a lady to approach a qazi for dissolving a marriage under the following conditions:
I. If the marriage is irregular.
II. If the marriage was within prohibited degrees, etc.

Grounds on Which Muslim Woman Can Seek Divorce

Under section 2 of this Act, a Muslim woman can seek divorce on the following grounds:

1. Where the husband is not heard of alive for a period of four years.
2. The husband has failed to provide maintenance to the wife for at least two years.
3. The husband has been under imprisonment for seven or more years.
4. The husband is unable to meet the marital obligations.
5. If the girl is married before fifteen and decides to end the relationship before she turns eighteen.

Related: Muta Marriage: A temporary marriage mainly for sexual enjoyment.

Read Next:

• What are the financial rights of a woman at the time of divorce?
• Muslim Women Protection of Rights on Divorce Act, 1986
• Right of Muslim Women to Take Divorce Under Faskh
• Cases Related to Grounds for Dissolution of Muslim Marriage

13 Ways of Divorce in Muslims
WritingLaw