August 16, 2020

When Can A Muslim Wife File A Suit For Judicial Divorce?

All Muslim marriages must be in compliance with Muslim personal law. The original concept of Divorce has undergone sea changes after the Dissolution of Muslim Marriage Act, 1939 was enacted. Conforming to this Act the concept of judicial divorce emerged in the context of Muslim marriages empowering women to file for divorce which previously was solely the prerogative of Muslim men in a male-dominated society.

Lawyer’s definition of judicial divorce is essentially taking legal action to put an end to the matrimonial bonding between partners. According to Muslim Personal law the husband is empowered in whimsically divorcing his wife. Conversely, a Muslim wife isn’t equally empowered to file for divorce nonetheless she can get divorced on the basis of Khula akin to mutual consent divorce.

There will be absolutely no effect on Muslim women's rights, as per the Muslim Personal Law, to dower, and the provisions of the Dissolution of Muslim Marriage Act,1939 will not make any difference.

Call 7604047601 for consultation with registered expert Divorce Lawyer in Mumbai.