that advice unilaterally divorced her husband, apparently by means of 'Faskh' without the husband's presence or his consent. Thereafter, she entered ... District Magistrate held that the first accused could divorce her husband by Faskh. He also held that even if divorce by Faskh is not valid
Talaq-e-tafwiz
ii. Khula
iii. Mubara'at
iv. Faskh
19. Talaq-e-tafwiz: This kind of divorce at the
instance of wife ... 2020, 124/2021 & 133/2021
-:20:-
30. Faskh: Faskh is a form of judicial divorce.
This mode of divorce is effected through the
intervention
Shariat Act specifically recognized all modes
of extra-judicial divorce except Faskh. Faskh, as we noted earlier, is
a mode of divorce with the intervention ... Shariat
Act is to entrust the mode of dissolution of marriage by Faskh
through the court. Thus, under the Shariat Act , a Muslim women
retained
Special
Marriage Act, 1954 . ECL also refers to the distinction between faskh and
talaq in the Muslim personal law. The submission is that upon
decree at the suit of the husband or wife is called as
Faskh. The first form of divorce is called as "Talaq
Special Marriage Act, 1954 . ECL also refers to the distinction between
faskh and talaq in the Muslim personal law. The submission is that upon
Talaq-e-tafwiz
ii. Khula
iii. Mubara'at
iv. Faskh
v. Talaq-e-tafwiz:
Since this case falls under 'Mubaraat', the said
Special
Marriage Act, 1954 . ECL also refers to the distinction between faskh and
talaq in the Muslim personal law. The submission is that upon
Talaq-e-tafwiz, (ii)
Khula, (iii) Mubara'at, and (iv) Faskh.
29. As far as the issue relating to Khula, with which this Court
recognizes various forms of divorce, including Mubara'at, Khula, Talaq, and Faskh.
(8) Under Shariyat Law, a marriage can be dissolved by mutual agreement