Muslim Women Divorce in India As in India Kula which is a similar practice such as talaq is banned. In Islamic countries, kula is practised by women to divorce their husbands. Now women cannot claim kula as divorce but rather they have to approach civil and Family courts to get a divorce.
Unlike other religious divorce which was recognized in India is different from the Muslim women’s divorce. They were a step behind the progressive laws that provided for divorce for Hindus and Christians. Even Article 14 of the Indian constitution is violated in the mutual consent divorce for Muslim women. The Indian laws never provided mutual consent for Muslims which was a great boon to Hindus and Christians. Muslims have to deal with mutual consent under personal law. Now a day the Jammat has failed to provide such remedies to Muslim couples.
Even the rankings of the court are different to different religious divorces. For Hindus, they should apply Divorce in the Subordinate court in the district and for Christians they should apply in the District Court. But Muslims should apply in the Munisiff court for Divorce.
The grounds for divorce are also very few for Muslim women rather than provided for their Christian and Hindu counterparts. The Dissolution of Muslim Marriage Act, of 1939 is a great remedy for Muslim women when they suffer matrimonial depression.
Boons for Muslim women:
- There is no need to approach the Religious body to get a Divorce
- File a divorce case in Indian Courts
- No NOC is needed from the religious body to file a divorce case
- They can get legal assistance in conducting their case.
- They can plead their cause in court against their husband
- They can file their divorce case under free will
Nowadays Muslim women are taking bold steps when they are treated with slavery and bondage by their husbands and in-laws. Author: K.P.Satish Kumar M.L Advocate High Cour Muslim Divorce law expert. Daniel and Daniel Helpline: 9840787702. Get Free Consultation from the Top Muslim Divorce Lawyer in Chennai.
