Procedure For Divorce under Islamic law

1. Procedure:

I. Notice:

(a) Notice to the chairman:

The husband shall send a notice to the chairman.

(b) Notice to the wife:

A copy of the notice shall be send to the wife.

(i) Form of notice:

Notice shall be in writing.

(ii) Purpose of notice:

The purpose of notice is to inform about the dissolution of the marriage.

(iii) Time for giving notice:

Notice shall be given at the time when the husband has pronounced divorce.

II. Reconciliation between the parties:

The chairman is required to bring about reconciliation between the parties for this purpose he is to give notice to the parties to nominate their representatives. however he cannot compel any person to appear before him.

III. Effectiveness of divorce:

Divorce would not become effective unless and until period of ninety days has elapsed with effect form the date of receipt of notice of divorce by the chairman of the union council and by the wife.

(i) Essentials:

(a) Notice to the chairman.

(b) Notice to the wife.

(c) Expiry of 90 days.

2. Divorce to pregnant woman:

Divorce to pregnant woman shall be effected by the delivery of the child:

3. Re-marriage of the same parties:

Nothing shall debar a wife whose marriage has been terminated by Talaq effective form remarriage the same husband without an intervening marriage with a third person unless such termination is for the time so effective.

4. Revocation of divorce:

The husband can revoke the divorce before the expiry of ninety days.

5. Punishment:

Whoever contravenes the provision shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.

6. Commencement of iddat:

(i) In case of divorce:

If case of divorce the period of iddat commences form the date of divorce. if the marriage was consummated.

Woman has not to observe the period of Iddat. if marriage was not consummated. in such case she can marry immediately after the Divorce.

(ii) In case of death:

The period of iddat commences form the date of death of her husband. she is bound to observe the period of iddat whether the marriage was consummated or not.