Rights of Muslim Women in Marriage and Divorce: Talaq, Khula, Maintenance

Instant triple talaq is void and an offence

After Shayara Bano v. Union of India (2017), Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019. Section 3 declares pronouncement of talaq-e-biddat, in any form, void and illegal. Section 4 makes it punishable with imprisonment up to three years and fine. The wife is entitled to subsistence allowance and, ordinarily, custody of minor children under Sections 5 and 6.

Dissolution at the wife's instance

The Dissolution of Muslim Marriages Act, 1939 allows a wife to seek dissolution on grounds including the husband's whereabouts being unknown for four years, failure to maintain for two years, imprisonment for seven years or more, failure to perform marital obligations for three years, and cruelty. Khula (divorce at the wife's instance, usually with return of mahr) and mubarat (mutual) are also recognised.

Maintenance after divorce

The Muslim Women (Protection of Rights on Divorce) Act, 1986, as interpreted in Danial Latifi v. Union of India (2001), requires the husband to make a reasonable and fair provision for the future of the divorced wife within the iddat period. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman may also claim maintenance under the general provision of the criminal procedure code, now Section 144 BNSS.

Mahr and other rights

• Unpaid mahr is a debt the wife can recover
• Stridhan and gifts remain her property
• The Protection of Women from Domestic Violence Act, 2005 applies to Muslim women as to others