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Personal, Family & Injury

Muslim Personal Law

Marriage, mahr, divorce, maintenance and inheritance under Muslim personal law and the statutes that apply.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

For Muslims, matters of marriage, dissolution, mahr, maintenance, gifts and succession are decided under Muslim personal law as applied by the Muslim Personal Law (Shariat) Application Act, 1937. A wife can seek dissolution of marriage on the grounds in the Dissolution of Muslim Marriages Act, 1939. Pronouncing talaq-e-biddat (instant triple talaq) is void and an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019. Maintenance can be claimed under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and, as courts have held, under Section 144 of the BNSS.

Consultation

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Frequently Asked Questions

Can a Muslim wife seek divorce through the court?

Yes. The Dissolution of Muslim Marriages Act, 1939 lists grounds such as cruelty, failure to maintain and desertion. Khula and mubarat are also recognised forms of dissolution.

Is triple talaq valid?

No. Talaq-e-biddat is void and illegal under the 2019 Act, and pronouncing it is punishable. The wife can also seek subsistence allowance and custody of minor children under that Act.

How is mahr enforced?

Unpaid mahr is a debt owed to the wife and can be claimed, including by a civil suit within the limitation period.