Submitted By: AKANKSHA CHOUDHARY

Course: B.A, LL.B (Hons.)

Semester: 3rd
Section: B
Enrollment No.: A11911114142

INDEX
1. Acknowledgement
2. Introduction

ACKNOWLEDGEMENT
I have taken efforts in this project. However, it
would not have been possible without the kind
support and help of many individuals. I would like
to extend my sincere thanks to all of them.
I am highly indebted to Ms Sayeeda Saleha
Fatma for their guidance and constant
supervision as well as for providing necessary
information regarding the project & also for their
support in completing the project.
I would like to express my gratitude towards my
parents & college mates for their kind cooperation and encouragement which help me in
completion of this project.
I would like to express my special gratitude and
thanks to persons for giving me such attention
and time.
My thanks and appreciations also go to my
colleague in developing the project and people
who have willingly helped me out with their
abilities.

INTRODUCTION
Under the Muslim Law a marriage is dissolved either by the death of the
husband or wife, or by divorce. After the death of a wife, the husband may
remarry immediately. But the widow cannot remarry before a certain specified
period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce,
but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take
place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She
can of course purchase her divorce from her husband and can have the marriage
dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of
Muslim Marriage Act, 1939.

 EXTRA JUDICIAL DIVORCE

a. Divorce By The Husband
i.

TALAQ
a) Talaq is an arabic word and its literal meaning is to release. Under Muslim Law
Talaq means repudiation of marriage by the husband.
b) As a mode of divorce, Talaq is peculiar because a Muslim husband has an
unrestricted right to divorce his wife without giving any reason.
c) Muslim law does not require the existence of any fault or matrimonial offence as
an excuse for talaq.
d) The Muslim concept of divorce is that where it is impossible for the spouses to
live together, they must separate peacefully.
e) The law gives to the husband an absolute authority to terminate the marriage by
pronouncing Talaq because in a society dominated by males, the conjugal
happiness primarily depends upon the efforts of the husbands.
f) Whenever a husband finds that the marriage cannot be continued happily (either
because of the misconduct of the wife or because of his own fault) he is
empowered to dissolve the marriage.
g) But this absolute authority of pronouncing Talaq should not be misused by the
husband.
h) In Islam Talaq is permitted only when the wife by her conduct or her words does
injury to the husband or happens to be impious.
i) The Islamic policy has never been to confer an absolute authority of Talaq upon a
husband to be misused by him. But unfortunately, the unrestricted right of Talaq
ha been misunderstood and Islamic guidelines for it have been ignored by the
society and the courts of law.
j) The result is that there is no legal control over the unfettered right of a Muslim
husband to dissolve the marriage by uttering few words. However an indirect
check upon this right is the obligation of a husband to pay the dower upon the
dissolution of a marriage.

 CONDITIONS FOR A VALID TALAQ

There are various modes of pronouncing Talaq. But, in every form of Talaq the following
essential elements are required:
CAPACITY