If a husband divorces his wife after consummation
Nothing shall debar a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband without any intervening marriage with a third person, unless such termination is for the third time so effective. A Talaq pronounced under the effect of intoxication or compulsion shall not be effective. The southeast Asian countries that have abolished instant triple talaq include Indonesia, Malaysia and Philippines.
If the wife be pregnant at the time Talaq is pronounced, Talaq shall not be effective until the period mentioned in sub-section (3) or of pregnancy, whichever is later, ends. Indias neighbours Pakistan, Bangladesh and Sri Lanka also have enacted legislations against the practice.The judgment has drawn upon the book Muslim Law in India and Abroad by Tahir Mahmood and Saif Mahmood and has categorised countries that have done away with talaq-e-biddat as Arab States, Southeast Asian States, and Subcontinental States. Symbolic expressions of talaq, i. The amount of compensation will be decided with due regard to the means of the husband and the hardship suffered by the wife, but it shall not exceed the amount of one years maintenance payable in law to a woman of her status.(4) Within thirty days of the receipt of notice under sub-section (1) the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration council shall take all steps necessary to bring about such reconciliation.Egypt (a secular state): Law 25 of 1929 as amended by law 100 of Auto Brake Hose Manufacturers 1985: Article 1.Here are statutory enactments of some countries : Algeria (Islam is the official religion): Law 84-11 of 1984 as amended in 2005: Divorce cannot be established except by a judgment of the court preceded by an attempt at reconciliation for a period not exceeding three months. The Kazi may decree the compensation, to be paid as a lump sum or in instalments, according to the husbands ability to pay. (2) Whoever contravenes the provision of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.e. Article 2.New Delhi, Aug 22 (IANS) The Supreme Court, in its judgment declaring instant triple talaq as unconstitutional, has cited laws from 19 countries including Pakistan and Egypt which have abolished the practice.28 of 2005: Article 140(1). Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.IANS ps/vdPost Source: Ians feed.
A conditional Talaq which is not meant to take effect immediately shall have no effect if it is used as an inducement to do some act or to abstain from it.Pakistan and Bangladesh (Islam is the official religion): Ordinance VIII of 1961 amended in Bangladesh by Ordinance 114 of 1985: Section 7. Article 4. [Bangladesh: 10,000 taka)(3) Save as provided in sub-section , a Talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under subsection (1) is delivered to the Chairman., words which may or may not bear the implication of a divorce, shall not effect a divorce unless the husband actually intended it. If a husband divorces his wife after consummation of a valid marriage by his unilateral action and without any move for divorce from her side, she will be entitled to compensation besides maintenance for Iddat. A Talaq accompanied by a number, expressly or impliedly, shall not be effective except as a single revocable divorce.United Arab Emirates (Islam is the official religion): Law of Personal Status 2005, Federal Law No. The Arab states that have laws against instant triple talaq include Algeria, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Sudan, Syria, Tunisia, United Arab Emirates and Yemen. Article 3
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