Muslim divorce and maintenance laws in India are governed by the Muslim Personal Law (Shariat) Application Act of 1937. Under law, Muslim men are allowed to divorce their wives by saying “talaq” (divorce) three times, either verbally, in writing, or through electronic means like email, text message, or social media. This is known as the practice of “triple talaq.” However, this practice has been declared unconstitutional by the Supreme Court of India in 2017, which has directed the government to enact a law on this issue. As per Shariat Law there are three types of divorce under Islamic law:

  1. Talaq: This is a unilateral divorce that can be initiated by the husband by pronouncing talaq (divorce) three times, either orally or in writing. Once the talaq is pronounced, the divorce is considered to be final and irrevocable. The husband must also provide maintenance to the wife until the completion of the iddat period.
  2. Khula: This is a form of divorce initiated by the wife, where she seeks a separation from her husband. The wife can approach the court and file for khula, citing reasons for the dissolution of the marriage. The court may grant the khula if it is satisfied that the reasons cited are valid. In some cases, the husband may also agree to the khula and the court may grant it on mutual consent.
  3. Mubarak: This is a form of divorce initiated by mutual consent of both the husband and wife. The couple must enter into a written agreement, which is signed by both parties and two witnesses. The agreement must be registered with the local registrar of marriages, and the couple must also provide maintenance to each other until the completion of the iddat period.

In addition to triple talaq, Muslim men can also divorce their wives by mutual consent, or by approaching a Qazi or a court for divorce on specific grounds such as cruelty, desertion, or adultery.

The Dissolution of Muslim Marriages law a Muslim women, can seek divorce on various grounds as mention below;

(i) that the whereabouts of the husband have not been known for a period of four years;
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two
years;
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a
period of three years;
(v) that the husband was impotent at the time of the marriage and continues to be so;
(vi) that the husband has been insane for a period of two years or is suffering from a virulent
venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained
the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
Provided that the marriage has not been consummated ;
(viii) that the husband treats her with cruelty, that is to say, —
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if
such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property of prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the
injunctions of the Qoran;
(ix) on any other ground which is recognised as valid for the dissolution of marriages
under muslim law :

The issue of maintenance is a crucial one in Muslim divorce cases, as Muslim men are obligated to provide maintenance to their wives and children after divorce. This is known as “mehr,” which is a payment made by the husband to the wife at the time of marriage. If the husband fails to pay the mehr or provide maintenance, the wife can approach a Qazi or a court for relief.

In recent years, there have been calls for reform of Muslim personal laws in India to make them more gender-just and in line with constitutional values of equality and justice.

The government has taken some steps in this direction, including the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which makes triple talaq a criminal offense.