Section 5 in The Parsi Marriage And Divorce Act, 1936
5. Punishment of bigamy
.Every Parsi who during the lifetime of his or her wife ... whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with
divorce thee thrice, - or in a
separate sentences, e.g., I divorce thee, I divorce thee, I divorce thee.
The above proposition of law ... Version), in Chapter 6 on Divorce has stated as under:
1. Policy of Islamic Divorce Law:
Noting the view of some Muslim scholars that
Divorce (1)
The Divorce which does not conform with the respective Islamic judicial
laws, that is, when the husband divorces his wife during her
menstruation ... saying for example: "You are divorced, you are
divorced, you are divorced". This type of divorce is improper, and a
sinful
Authority decides that the alleged divorce was a legal and valid divorce and has been real divorce in law, or not or that in order ... submitted that this being the position of law under Muslim Personal Law or Shariat Law once divorce has been recited thrice even in the mode
Muslim Law, and has
been divorced by, or has obtained divorce from her husband in
accordance with Muslim Law; iddat period is defined under Section ... Muslim law and has been
divorced by or has obtained divorce from her husband in accordance
with the Muslim law. But the Act does
woman who has been divorced by, or has obtained a
divorce from her husband if the woman who has been divorced
by her husband ... divorced by, or
has obtained a divorce from her husband, the Magistrate
shall, if he is satisfied that-
(a).....
(b) the woman has been divorced
International Law is National law. There exists an
English private international law as distinct from a French,
a German, an Italian private international law ... accordance with Indian law. it is another matter that the
Indian conflict of laws may require that the law of a
foreign country ought
ILR 34 Allahabad 203
explained, Uma Charan Roy v. Smt. Kajal Roy,
AIR 1971 Cal. 307 overhead.
(11)Under the Mohammadan law after the divorce ... proceedings taken under that law. This could not be done,
as the Indian law, like the English law, does not completely
dissolve
Tyabji has expounded the law lucidly in his book on Muslim law. It is stated that under Hanafi law, on divorce a wife is entitled ... maintenance during her Iddat if revocably divorced but not if irrevocably divorced, unless an irrevocable divorce is pronounced during the wife's pregnancy
divorce
from the husband if he refused to divorce her. This was
unboubtedly the fundamental concept of divorce as laid down
by the Mahomedan law ... divorce the
wife, for instance, the husband saying 'I divorce thee
irrevocably' or 'I divorce thee, I divorce thee, I
divorce thee
