Talak (Divorce) May be Oral or in Writing

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Talak (Divorce) May be Oral or in Writing

Unread postby Admin » Wed Jan 07, 2015 11:27 am

Under section 310 of the Muhammedan Law " A Talak may be effected (1) Orally (by Spoken words) or (2) by a written documents called Talaknama."
Oral Divorce
No particular form of words is prescribed for effecting a talak. If the words are express (Sheeh) or well understood as implying divorce no proof of intention is required. If the words are ambiguous (Kinyat) the intention must be proved. it is not necessary that the Talak should be pounced in the presence of the wife or even addressed to her. In a case of husband merely pronounced the word "Talak" before a family council and this was held to be invalid as the wife was not named. This case was cited with approval by the judicial committee in a case where the Talak was invalid through pronounced in the wife's absence as the wife was named. it also has been held that the words should refer to the wife. the talak pronounced in the absence of the wife takes effect through not communicated to her, but for purposes of dower it is necessary that it should come to her knowledge and her alimony may continue till she is informed of the divorce. As the divorce become effective for purposes of dower only when communicated to the wife
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