A recent meeting on codification of muslim law in India agreed that Ahsan and mubarah form of divorce as mentioned in the Quran should be the method of divorce for both man and woman. Incompatibility of temperament must be added as a ground of divorce. ‘Any other’ must be added as the final clause.
It was also suggested that in the clause, ‘grounds for divorce’ the period of desertion, the period during which whereabouts of the spouse are not known, period of imprisonment and period of insanity should be uniform at 2 years.
The practise of halala has to be declared illegal and invalid Oral or written unilateral divorce is an invalid form of divorce Inheritance Although there was no time left for discussion on this crucial issues, a few comments were made by the key speakers:
My question is’ If muslim wife gets khula from qazi and she or any witness has not signed the the divorce paper is it valid divorce; How many notices this qazi has to sent to husband? Also there is not a single word mentioned for returning the gifts husband has given to her and as per the qazi law 1880 does qazi are allowed to do divorce when there is special law for muslims 1939 can husband file suit against qazi and his wife under IPC 420 etc. If wife gets Khula from qazi what she has to do produce the evidence to get divorce decree from Indian court to get new passport PAN, card etc?