A

PROJECT ON

DISSOLUTION OF MARRIAGE UNDER HINDU AND MUSLIM LAAW

[ Submitted as partial requirement for B.A.LL.B. (Hons.) 5 year Integrated course]

Submitted on:-1 October 2023

Submitted By :- Submitted To :-

Vinayak Verma Mrs. Juhi Pawa

Roll No. 116 Faculty: Family Law

Semester – V B

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY Of RAJASTHAN

JAIPUR

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 CERTIFICATE

Mrs. Juhi Pawa Date: 01/10/2023

(Faculty)

University Five Year Law College

This is to certify that Vinayak Verma of V Semester of University Five Year Law College,
University of Rajasthan has carried out the project entitled DISSOLUTION OF MARRIAGE
UNDER HINDU AND FAMILY LAW under my supervision and guidance. It is an
investigation report of a minor project. The student has completed research work in my
stipulated time and according to the norms prescribed for the purpose.

Supervisor

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 DECLARATION

I, Vinayak Verma, hereby declare that this project titled DISSOLUTION OF MARRIAGE
UNDER HINDU AND MUSLIM LAW is based on the original research work carried out by
me under the guidance and supervision of Mrs. Juhi Pawa.

The interpretations put forth are based on my reading and understanding of the original texts,
The books, articles and the websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or in any other university.

Date: 01/10/2023 Signature

Vinayak Verma

Roll no. 116

Semester: V B

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 ACKNOWLEDGMENT

I have written this project DISSOLUTION OF MARRIAGE UNDER HINDU AND MUSLIM
LAW under the supervision of Mrs. Juhi Pawa, faculty, University Five Year Law College,
University of Rajasthan, Jaipur. His Valuable suggestions herein have not only helped me
immensely in making this work but also in developing an analytical approach this work.

I found no words to express my sense of gratitude for Director Dr. Akhil Kumar, Deputy
Director Dr. Sandeep Singh for constant encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

Vinayak Verma

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 TABLE OF CONTENT

SR. NO. SUBJECT

CHAPTER-1 INTRODUCTION

CHAPTER-2 DISSOLUTION OF MARRIAGE UNDER

HINDU LAW

CHAPTER-3 DISSOLUTION OF MARRIAGE UNDER

MUSLIM LAW

CHAPTER-4 CONCLUSION

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 CHAPTER-1
INTRODUCTION

Marriages in India are one of the most important social institutions that bind a family. In
India before the enactment of any act or code, marriages were usually governed by social
traditions, customs which have been prevalent in that particular community or tribe from time
immemorial. Although, even after the enactments of such acts and codes, the customs and
traditions of a community holds a good value in society and the courts have readily accepted
them if it could be proved by one community that a particular custom has been practiced by
that community from time immemorial or from the inception of such community. The reason
as to why the acts and statutes were drafted was to give a uniform framework and skeleton as
to how a particular community would be governed if it doesn’t have any customs and
traditions as such. It also aimed to prevent any anomaly which existed in a particular
community. Therefore Marriage and Divorce provisions have been separately drafted in the
act.
Divorce means to legally dissolve one’s marriage with (someone) because there has been an
irretrievable breakdown of marriage and both the parties don’t want to continue their marital
ties with each other. Divorce was said to be recognized only in the Islamic Jurisprudence but
in later times it became a part of all religions and communities.
In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e.
when the spouse can get a divorce or appeal for dissolution of marriage in a court of law. For
the interest of society, the marriage or the marital relationship needs to be surrounded by
every safeguard for the cause specified by law. Divorce is permitted only for a grave reason
otherwise given other alternatives.
The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved
spouses (Section 13(1)) can approach the court of law and seek the remedy of divorce.
Section 13(2) provides the grounds on which only the wife can approach the court of law and
seek the remedy of divorce.
Divorce is the end of such a marital relationship, as under Muslim law there are two modes
given for the dissolution of marriage-
 Divorce
 Talaq
In daily life, these two terms are alternatively used, but under Muslim law, if a person seeks
“divorce”, he will be governed by the provisions of Dissolution of Muslim Marriage Act,
1939. Whereas, “Talaq” proceedings are governed by Muslim Personal Laws.
After the very infamous case of triple talaq, people have become more curious to know about
the Muslim law for talaq. The Supreme Court has already ruled that triple talaq is an illegal
practice and that a Muslim marriage cannot be dissolved by this method. If the husband still
does so, he shall be punished for up to 3 years of imprisonment. This was one of the biggest
developments in family law legislation. Marriage is an institution recognised by Indian
legislation as sacred. Similarly, divorce is also recognised by most of the religions practiced

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in India. Islam was the first religion to expressly recognise divorce, or talaq, as the
termination of a marriage. In the pre-Islamic era, the husband was given unlimited powers
with regard to divorce, and women were considered the mere property of a man. Due to this,
social evils and moral ills rose in society, and talaq became a matter of equity and great
concern, especially for women. Majorly, two problems originate from the very concept of
talaq under Muslim law, first, the method of divorce (triple talaq); and second, the inequality
between husband and wife in the marriage.1

CHAPTER-2
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 DISSOLUTION OF MARRIAGE UNDER HINDU LAW

Marriages in cases of Hindu were considered as indissoluble union which has been expressed
by Manu as well as by various sages and interpreters of Hindu texts and said that “Hindu law
does not contemplate divorce” and thus divorce was not recognized in the ancient Hindu
law, they said that marriage once solemnized has to be continued till seven generations of
life. It was after the Hindu Marriage Act 1955 which recognized “Divorce” as a ground for
dissolution of marriage. It is said to be the result of various theories of Divorce which are as
follows:

IRRETRIEVABLE
FAULT THEORY CONSENT THEORY
BREAKDOWN

It is also defined as the

In this theory, there is the fault In this theory, mutual consent is
failure of marital
of one party. necessary to opt for divorce.
obligations.

It is a requisite condition to Parties must mutually agree for No reasonable

have one guilty and innocent divorce or divorce won’t be possibility for
party. granted. cohabitation left.

Grounds For Divorce

Hindu Marriage bases its grounds of divorce on the fault theory and section 13(1), 13(2)
states grounds of divorce and after amendment section 13(B) was added which states Mutual
consent as a ground for divorce.
Grounds for Divorce are as follows:
1. Adultery ( For additional info please click here)
Adultery may be defined as the act of a married person having sexual intercourse with a
person of opposite gender other than the wife or husband of the person. Personal laws all
around the world condemn adultery and it is considered as a ground for divorce or separation.
In adultery, there must be voluntary or consensual sexual intercourse between a married
person and another. The Indian Courts time and again had stressed that adultery has to be
proven beyond any reasonable doubt. However in several judicial the courts have even
stressed that merely a man and woman are lying naked on bed, it doesn’t mean they are guilty
of adultery, penile penetration is a must, but in Dastane v. Dastane he apex court held that
there certainly is no necessity of the presence of proof beyond reasonable doubt where
personal relationships are involved especially those between a husband and wife. Section 10
of the Hindu Marriage Act, 1995 defines adultery as a ground for judicial separation. The
provision states that the parties to a marriage may file for a decree of judicial separation
under any of the grounds mentioned in Section 13(1).
2. Cruelty

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The concept of cruelty has been of changing times. Cruelty not only includes a physical
injury but it also includes mental injury as well. To constitute cruelty, the conduct complained
of should be “grave and weighty” so as to come to the conclusion that the petitioner spouse
cannot be reasonably expected to live with the other spouse. It must be something more
serious than “ordinary wear and tear of married life”. Mere trivial annoyance, fights between
spouses, which happens day-to-day married life, doesn’t amount to cruelty. While physical
cruelty is easy to determine it becomes very difficult to determine mental cruelty. Physical
cruelty has been specifically dealt with as a physical injury or physical violence which inflicts
pain to one party. In Pravin Mehta v. Inderjeet Mehta, the court has defined mental cruelty as
‘the state of mind and listed instances which will qualify as mental cruelty on one party:


o The demand of Dowry: It has been held in Somenath Jana vs The State Of
West Bengal that Demand of dowry will amount to cruelty.
o Impotency: It has been also held in various judicial pronouncements that
impotency or failure to have conjugation and cohabitation would amount to
impotency. Merely stating that one party is not capable of procreation of
children would not amount to impotency.
 Drunkenness: It has also been held that frequently drinking and then committing any
mental and physical pain to one party may amount to cruelty.
 Threat to commit Suicide: Threat to commit suicide by one party will also constitute
cruelty because it inflicts a mental injury to one party.
There are many more grounds of Cruelty which have been developed by various judicial
pronouncements like the father of girl misrepresenting about women’s virginity was also
considered by the court as cruelty.
3. Desertion (For additional info. please click here)
“Halsbury’s Laws of India defines desertion as a ‘’total repudiation of the obligation of
marriage’. There are mainly four basic elements which are primarily to be satisfied to
constitute desertion. The first two are to be present in the deserting spouse”.
1. The fact of separation (factum deserdendi)
2. The intention to do desertion ( animus deserdendi)
At the point when an appeal is documented, the initial step is demonstrating the reality of
intention and the goal independently while the second step is to demonstrate their union. It is
anything but difficult to demonstrate the physical act of intention either from the conductor
from the condition of psyches. The trouble emerges on demonstrating the hostility is the
expectation for desertion. This aim is required all through the time of renunciation. The
petitioner basically relies upon to prove the intention of a person’s mind.
Apart from these elements in the deserting spouse, there are two other elements which have
to be present in the deserted spouse:
1. Absence of consent

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 2. The absence of conduct which led to the other spouse leaving the matrimony.
The petition for divorce on the grounds of desertion can be filed only after a period of two
years from the commencement of the co-existence of animus and the factum.
Desertion can come to an end and can be terminated in the following ways:
1. Resumption of cohabitation
2. Resumption of marital intercourse
3. Supervening animus revertendi or offer of reconciliation.
4. Conversion
The concept of marriage is a sacrament. This bond is considered religious, moral and social
of mutual duties and obligations. The Hindu marriage act has proposed two conditions when
conversion as a ground for divorce can be invoked, these are
 That the respondent has ceased to follow the faith of Hinduism, that is he is no longer
a Hindu
 That the respondent has converted to another religion that is a non-Hindu faith.
But in this case petitioner has to get his marriage annulled before remarrying or he/she will be
charged under section 494 of IPC.
5. Insanity
To prove Insanity as a ground of divorce following requirements has to be satisfied-
 The respondent has been incurably of unsound mind.
 The respondent 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.
 If the plaintiff or petitioner knows the same before the conjugation of marriage then it
could not be defense for divorce.
6. Leprosy
It had been recognized as a ground for divorce by Hindu Marriage Act but in Feb. 2019 the
parliament passed a law removing leprosy as a ground for divorce.
7.Venereal Disease
If one of the spouses is suffering from a serious disease that is easily communicable, a
divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are
accounted to be venereal diseases. The only prerequisite is that disease should be of a very
high communicable nature.
8. Renunciation
A spouse is entitled to divorce if the other spouse renounces all the worldly and material
measures which if one of the spouses takes a sanyasa and has entered the holy world. The

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person who does this is considered to be worldly and civilly dead. The entering into this
ashrama means not merely the renunciation of the world or worldly things, but it is also an
end of one’s worldly life. Entering into this ashrama is part of Hindu religion.
9. Presumption of Death
Under the Act, a person is presumed to be dead, if he/she has not been heard of as being alive
for a period of at least seven years. The burden of proof that the whereabouts of the
respondent is not known for the requisite period is on the petitioner under all the matrimonial
laws. This is a presumption of universal acceptance as it aids proof in cases where it would be
extremely difficult if not impossible to prove that fact. A decree of divorce granted under this
clause is valid & effective even if it subsequently transpires that the respondent was, in fact,
alive at the time when the decree was passed.
Besides the acts of divorce enumerated in section 13(1) of the Hindu Marriage Act, the wife
has also been some grounds as per section 13(2) of Hindu Marriage Act which is as follows:
 Pre-Act Polygamous Marriage: If a husband has committed polygamy and still has
two or more wives before the enactment of the act then the wife can easily sue him for
divorce.
 Rape, Sodomy or Bestiality: If a divorce petition has been presented because the
husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
bestiality, then the spouses are free to file for the divorce petition.
 Repudiation Of Marriage: This provision provides a ground for divorce to the wife
when the marriage was solemnized before she attained the age of fifteen years, and
she has repudiated the marriage, but before the age of eighteen.
Irretrievable breakdown of Marriage
Although this something which has not been recognized in Hindu Marriage Act it is due to
various judicial that irretrievable breakdown of marriage has been recognized as the special
ground of divorce because why the spouses have to perform marital obligations if there is no
scope of reconciliation left among the parties. Legally speaking, Irretrievable Breakdown of
Marriage is defined as: “The situation that exists when either or both spouses are no longer
able to live with each other willing, thereby destroying and tarnishing their husband and wife
relationship with no hope of resumption and cohabitation of spousal duties.”
Both the Supreme Court and Law Committee have tried to consider the implementation of
such a theory as a boon to parties because both presume that if nothing is left between the
marital ties of the party, then it would be really unjust if one party is forced to live with the
other party. The consequence of such marriage will be null and void because both the spouses
don’t want to continue their marital ties and even if the marriage is restituted as per section 9
of Hindu Marriage Act, it would not hold a good purpose but it will only be a burden on both
the spouses. For more information on the topic, you may click here.
The Supreme Court in the case of Navin Kohli vs. Neelu Kohli granted a divorce on the basis
of irretrievable breakdown of a marriage. The court strongly advocated that there is a dire
need of this provision in the grounds for seeking divorce. The court ruled that where the
marital obligations are so wrecked and destroyed that the pervasiveness of such marriage

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would give pain to each other, it would be better to terminate the parties with that namesake
bond so that they continue their life ahead. But it should not be oblivious that the ground,
when introduced, needs to provide safeguards to ensure that no rights of a party are exploited.
Divorce by Mutual Consent
Section 13(B) of the Hindu Marriage Act, 1955 deals with divorce by mutual consent
between both the spouses. One of the important thumb rules in seeking this form of divorce
that there should be mutual consent between both the parties to file for this divorce. Also
when parties believe that the marriage can’t be cohabited and there is no scope left for
marriage to get it straightened then parties are free to file for divorce by mutual consent.
The parties intending to dissolve marriage are required to wait for at least one year from the
date of marriage.
They have to show that they have been living separately for a period of one year or more
before the presentation of the petition for divorce and that during this period of separation,
they have not been able to live together as husband and wife.
Thus divorce by mutual is a good form of divorce as the marriages in this form can’t be
terminated unilaterally, there has to be mutual consent of both parties to terminate the
marriage. 2

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 DISSOLUTION OF MARRIAGE IN MUSLIM LAW
Islam is only the religion which recognized divorce or talaq as a means to dissolve the
marriage and later on the method was adopted by other religions. However it was allowed in
rarest of rare cases, Prophet Mohammad considered divorce as worst things among the
permitted and some Muslim scholars even considered it to be a sin.
Conditions of valid divorce:
 Capacity: Divorce in Muslims could be pronounced when a person attains puberty. A
minor or a lunatic cannot pronounce divorce and divorce by the guardian of minor is
void and not effective. Therefore it is a pre-requisite that a person must attain puberty
in order to pronounce the divorce. However, in cases of lunatic a guardian can
pronounce the divorce.
 Free Consent: The parties have to freely consent for their divorce. Since marriage in
Muslims is of contractual nature, therefore free is a pre-requisite of valid and it must
be ensured that divorce is not vitiated by coercion, undue- influence,
misrepresentation, fraud, etc.
 Oral or written: According to Shia Law the divorce must be oral in nature but in the
case of Sunni law it could be either written or oral.
 Also the talaq or divorce, a husband must express in clear words his intention to
dissolve the marriage.
 In cases of Shias, the divorce must be pronounced at the presence of two male
witnesses from the paternal side and if it is not complied with, then divorce would be
not binding, but there is no such requisite in cases of Sunni Law.
Divorce and maintenance under Muslim law
Males are considered superior to females in Muslim law. They believed that since women are
entirely dependent on their husbands for their well-being, they are incapable of self-
sufficiency, as held in the case of Danial Latifi & Anr vs. Union of India (2001). One will not
be allowed to have it unless the husband honors his wife’s pledge. If she refuses to see her
husband and cannot consummate the marriage, she is entitled to maintenance from him under
Muslim law; however, she is disqualified if she is under the age of 18 and lives with her
parents.
However, a divorced Muslim woman has the legal right to demand maintenance due to her
husband’s cruelty and inability to pay dower. She is not entitled to iddat or widowhood
benefits.
Previously, a divorced woman had no legal entitlement to maintenance beyond the conclusion
of the iddat term and was only entitled to the Mahr. In contrast, the Shah Bano ruling allowed
divorced women to get maintenance from their husbands and the husband’s family even if the
spouse died prior to the divorce being granted.
Forms of Divorce

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In cases of Muslim Law, divorce has been divided into two categories. In this case, the
husband has been given unilateral power to give divorce to a woman. But it was after 1939
when some grounds to give divorce were conferred to women by Dissolution of Marriages
Act, 1939.
There are two categories of divorce under Muslim law:
1.)Extrajudicialdivorce,
2.)Judicialdivorce
The category of extrajudicial divorce can be further subdivided into three types, namely,
 By husband- talaaq, ila, and zihar.
 By wife- talaaq-i-tafweez, lian.
 By mutual agreement- khula and mubarat.
The judicial divorce is the type of divorce which a woman seeks under the Dissolution of
Marriage Act.
Talaq by Husband
A talaq and a divorce could be given by a Muslim husband to his wife in different ways.
Following are the different types of Divorce:
Basically, Divorce in the case of Muslim has been divided as follows:
 TALAQ-ul-Sunnat(considered as the most appropriate form of divorce)
 Talaq-e-ahasan
 Talaq-e-Hasan
 Talaq- ul- Biddat
Talaq-ul-Sunnat
This form of Talaq has been considered as the most appropriate form of divorce and it has
been further classified into two forms:
Talaq-e-Ahasan
A Talaq given by this format is considered to be a most pious and purest form of Talaq among
Muslim communities. This Talaq is given to wife when she is in her Tuhr or a period free
from menstruation, although some scholars even say that if the wife is away from home then
the above condition is discretionary on the part of the husband. The Talaq is given in three
pronouncements when a wife is in her Tuhr period or is free from menstruation. The Talaq
becomes final when a woman completes her Iddat period. It means till the wife completes
iddat period, a husband has a right to revoke such Talaq. Resumption of Sexual intercourse
before completion of iddat may also result in revocation of Talaq.
Talaq- e-Hasan
Talaq- e- Hasan is considered as the second most pure form of Talaq after Talaq- e- Ahasan.
In this, the husband is required to pronounce the formula of talaaq three times during three
successive tuhr. When the last pronouncement is made, the talaaq, becomes final and

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irrevocable. It is necessary that each of the three pronouncements should be made at a time
when no intercourse has taken place during the period of tuhr. It means Talaq has to be given
in three successive tuhrs or period of purity. It is to be noted that sexual intercourse between
spouses could result in revocation of such divorce. On the third pronouncement of third tuhr
divorce becomes irrevocable.
Talaq- ul- Biddat
It was considered as the evil form of divorce and therefore not recognized in the Quran.
Muslim Scholars condemn this form of divorce. In this form of divorce, a Talaq becomes
irrevocable when the triple declaration of talaq made in a period of purity, either in one
sentence or in three. In this case, the husband may divorce the wife when she is in her tuhr by
making a single pronouncement thrice “I divorce thee thrice”. It is considered a bad divorce
because one spouse is not given a power of irrevocability to revoke the divorce. Shia
Muslims only recognize Talaq-ul-Sunnat as the form of divorce.
AL-Ila
It is the other form of divorce wherein a Muslim husband takes a vow of not having sexual
intercourse with his wife. Ila’ is an oath taken by a husband in God’s name to refrain from
having sex with his wife. In this case, if sexual intercourse has not started then, a wife after 4
months may approach judge and judge may command a husband to either resume
cohabitation and sexual ties or divorce her. So, in this case, the husband has the power to
divorce his wife if he has taken any vow in the name of God.
In this mode, the husband compares his wife with a woman within his prohibited relationship
e.g., mother or sister, etc. E.g. If a husband tells his wife: “You are to me like the back of my
mother” therefore, it would be very tough for a husband to resume sexual ties with her and
also it is not permissible for him to have sex with her. A marital could only resume if the
following conditions are fulfilled by the husband:
 The husband observes fast for a period of two months.
 He provides food to at least sixty people.
 He frees a slave.
Only if the above criteria are fulfilled then only a husband is allowed to resume sexual ties
with his wife else it will be treated as divorce and wife would be considered as haram for
him.
Divorce by Muslim Wife
The divorce by wife can be categorized under three categories:
 Talaaq-i-tafweez
 Lian
 By Dissolution of Muslim Marriages Act 1939
Talaq-i-Tafweez

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  Though, the wife does not have a right to pronounce Talaq unless such a power is
delegated to her by her husband at the time of contracting marriage, all the same, she
is given a right to seek divorce through intervention of Qazi (court) on the grounds
pleaded by her, or by mutual consent on the terms agreed by the parties.
 It has been recognized among both Shia and Sunni Muslims. In this form of divorce
Husband delegates some power to wife to make a contract specifying conditions and
the acts which the husband must forbid after the resumption of marriage, Provided the
condition imposed by the wife is not against the public policy.
 If a husband doesn’t follow the conditions imposed by wife then she is free to divorce
him by sacrificing her some part of Dower or Mahr.
Lian
It is associated with a false allegation of adultery to the spouse by the husband who entitles
her to file a suit for dissolution of marital ties and acquire a divorce if she proves the charge
to be false. Therefore to dissolve such a wedding underneath the school of thought of Lian,
the court has to work out judicially whether or not a charge of adultery was or wasn’t unjustly
created and whether the husband has disavowed from the allegations or not.
Dissolution of Marriages Act
After the enactment of this, Muslim women were given several grounds on which they could
divorce their husband without sacrificing any part of Dower and Mahr. The grounds stated in
Section 2 of the act are self-explanatory:
Thus the grounds according to Section 2 of Dissolution of Marriages act, 1939 are as
follows:
A married would be entitled to divorce if following grounds are justified:
(i) Husband has vanished for more than 4 years
(ii) Husband has failed to provide her maintenance for more than 2 years
(iii) Husband has been facing the punishment of imprisonment for more than 7 years, then
also a Muslim woman is free to rescind her marriage
(iv) There has been a breach and glitch on part of the husband to perform a marital obligation
for a period of more than 3 years
(v) Impotency of Husband was also added as a ground for divorce
(vi) When Husband has been suffering from lunacy, unsoundness of mind, communicable
disease, leprosy and even any virulent or disease of highly contagious nature.
(vii) When the marriage of a Muslim girl has been solemnized by her paternal or maternal
guardian before attaining the age of puberty, she is free to rescind her marriage before
attaining 18 years of age.
(viii) When the husband treats her Muslim wife with cruelty
 Gives her physical pain, agony, and injury to her body

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  Associates with women of evil repute or lead an infamous life
 When husband Forces her wife to live in a disdain condition
 When he disposes of her property without her consent and agreement.
 When husband hinder her wife from performing any religious offering or duty
 If a particular man has more than one wife and he treats the other wives without
complying to the condition in the Quran.
Thus, in the above scenarios, Muslim women are free to take divorce from her husband.
However, in the course of time, Muslim Law has also accepted the format of Divorce by
Mutual agreement either by Khula or Mubarat.
Khula and Mubarat are two forms of divorce by mutual consent but in either of them, the
wife has to part with her dower or a part of some other property. Thus, a Muslim is free to
take divorce by sacrificing her Mahr if she wants to take divorce in Khula and Mubarat
format.3

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 CONCLUSION

Thus, marriage forms an essential part in both Hindu and Muslim laws, although there are
various differences between the two laws like its essentials, process of solemnizing the
marriage and the basic ideals, like in Hindu law it is considered to be a Sacrament, but in
Muslim law, it is of a contractual nature.
Also as far as divorce is concerned, in case of Hindu it became as a new concept because
among Hindus it was believed that Marriage once solemnized has to be continued till
generations of life so some new grounds in Hindu Marriage Act to get the marriage
repudiated and also the conditions and essentials of valid divorce and marriage came into
force, but in the cases of Muslim it was a very conventional concept so there were few
alterations in it, like some grounds for women were introduced so that they may also give
divorce because Muslim Law was silent on this aspect and gave all powers of Divorce to
men.
In Hinduism, it is a dharma for a person to get married in order to fulfil religious obligations,
so there was no concept of divorce or judicial separation. The marital bond, once created, was
considered to exist till eternity. But with the introduction of the concept of divorce, the
unbreakable bond could be broken, and husband and wife could be separated. Generally, the
entire structure of divorce is based on the faulty theory.
After the 2017 judgement of the supreme court held and declared triple
talaq unconstitutional, under Muslim law, both husband and wife are given equal rights to
dissolve their marital relationship.
When two people enter into a marital relationship, they might not know each other so well,
as they got to know each other after living together. And after that, if there is no compatibility
between the two, living apart is the best choice to be made.
Bad relations may spoil the life of both the individuals and under Muslim law, talaq is an
ancient practice and is not recognised as a sinful act, unlike under Hindu law.4

4
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 BIBLIOGRAPHY

https://blog.ipleaders.in/marriage-divorce-hindu-muslim-laws/
https://www.legalserviceindia.com
https://lawrato.com/indian-kanoon/divorce-law/how-can-a-hindu-and-a-muslim-take-divorce-
573
https://www.indiacode.nic.in/bitstream

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