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Showing contexts for: consummation in Shayara Bano vs Union Of India And Ors. Ministry Of Women ... on 22 August, 2017Matching Fragments
9. This then leads us to the forms of divorce recognized in Islamic Law. Mulla (supra), at pages 393-395, puts it thus:
“S.311. Different modes of talak. – A talak may be effected in any of the following ways:-
(1) Talak ahsan. – This consists of a single pronouncement of divorce made during a tuhr (period between menstruations) followed by abstinence from sexual intercourse for the period of iddat .
When the marriage has not been consummated, a talak in the ahsan form may be pronounced even if the wife is in her menstruation.
A Muslim wife after divorce is entitled to maintenance during the iddat, and so also her child in certain circumstances. The hasan form of talaq, also an approved form but less approved than the first (ahsan), consists of three successive pronouncements during three consecutive periods of purity (tuhr). Each of these pronouncements should have been made at a time when no intercourse has taken place during that particular period of purity. The hasan form of talaq requires some explanation and a concrete illustration should suffice. The husband (H) pronounces talaq on his wife (W) for the first time during a period when W is free from her menstrual courses. The husband and wife had not come together during this period of purity. This is the first talaq. H resumes cohabitation or revokes this first talaq in this period of purity. Thereafter in the following period of purity, at a time when no intercourse has taken place, H pronounces the second talaq. This talaq is again revoked by express words or by conduct and the third period of purity is entered into. In this period, while no intercourse having taken place, H for the third time pronounces the formula of divorce. This third pronouncement operates in law as a final and irrevocable dissolution of the marital tie. The marriage is dissolved; sexual intercourse becomes unlawful; iddat becomes incumbent; remarriage between the parties becomes impossible unless W lawfully marries another husband, and that other husband lawfully divorces her after the marriage has been actually consummated.