Muslim divorce in India — talaq, khula, mubarat and court divorce under the Dissolution of Muslim Marriages Act 1939, triple talaq ban (2019 Act), mahr, iddat, maintenance (BNSS 144 / old CrPC 125), child custody, and State rules in Uttarakhand and Assam (2026)
Plain map for Muslim wives and husbands: which laws apply; why instant triple talaq is void and a punishable offence since 2019; other forms of talaq; khula and mubarat; the grounds on which a wife can get a divorce decree from a court under the 1939 Act; mahr, iddat and maintenance rights including the Supreme Court’s 2024 ruling that Section 125 CrPC (now Section 144 BNSS) is available to Muslim women; custody of children; and State-specific rules in Uttarakhand and Assam. Educational only — not legal advice and not a religious ruling; Adhiwakta does not file cases or contact any party.
WhatsApp opens with your question already written. You just tap send.
Which laws apply
Divorce between Muslims married under Muslim law is governed by Muslim personal law (applied through the Shariat Application Act, 1937) together with the Dissolution of Muslim Marriages Act, 1939, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the Muslim Women (Protection of Rights on Marriage) Act, 2019. General laws also apply: maintenance under Section 144 BNSS (old 125 CrPC) and protection, residence and monetary orders under the Protection of Women from Domestic Violence Act, 2005. If the marriage was registered under the Special Marriage Act, 1954, divorce can only be under that Act.
Instant triple talaq is void — and an offence
In Shayara Bano v. Union of India (2017) the Supreme Court set aside talaq-e-biddat (instant, irrevocable triple talaq). The 2019 Act now says any pronouncement of such talaq — spoken, written, by SMS, WhatsApp or in any other form — is void and illegal (Section 3), so the marriage continues. A husband who pronounces it can be punished with imprisonment up to three years and fine (Section 4). The wife can claim a subsistence allowance for herself and dependent children as fixed by the Magistrate (Section 5) and custody of minor children (Section 6). The offence is cognizable when the wife or a relative by blood or marriage reports it, compoundable at the wife’s instance with the Magistrate’s permission, and bail can be granted only after hearing the wife (Section 7).
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
Other forms of talaq
Forms of talaq pronounced over a period with a chance of reconciliation (such as talaq-e-ahsan and talaq-e-hasan) are not covered by the 2019 ban. In Shamim Ara v. State of U.P. (2002) the Supreme Court held that a talaq must be properly pronounced and proved, for a reasonable cause and after attempts at reconciliation — a bare claim in a court reply that talaq was given earlier is not enough. Petitions questioning talaq-e-hasan have been pending before the Supreme Court; check the current position.
Khula and mubarat — divorce at the wife’s initiative or by mutual agreement
Khula is a divorce initiated by the wife, who may offer to give up her mahr or something else in return. The Kerala High Court (2021) recognised a Muslim wife’s right to obtain khula outside court, and the Telangana High Court (2025) held that the right is absolute and does not depend on the husband’s consent; the court’s role is to put a judicial stamp on the termination. A fatwa or certificate from a mufti or a private body is advisory and not a court decree. Mubarat is divorce by mutual consent. Because recognition and paperwork can differ between High Courts, many women seek a Family Court declaration for certainty.
Court divorce under the Dissolution of Muslim Marriages Act, 1939
Section 2 lets a Muslim wife obtain a decree of divorce on grounds such as: the husband’s whereabouts unknown for four years; failure to maintain her for two years; husband sentenced to imprisonment for seven years or more; failure without reasonable cause to perform marital obligations for three years; impotence at the time of marriage that continues; insanity for two years or certain serious diseases; repudiation of a marriage arranged before she was 15 (if not consummated, and done before 18); cruelty, including habitual ill-treatment and unequal treatment of co-wives; and any other ground recognised under Muslim law. The petition is filed in the Family Court (or the District Court where there is none).
Money rights — mahr, iddat and maintenance
Mahr (dower) fixed in the nikahnama is the wife’s right; unpaid mahr can be claimed. Under Section 3 of the 1986 Act a divorced woman is entitled to a reasonable and fair provision and maintenance from her former husband, to be made within the iddat period — the Supreme Court in Danial Latifi v. Union of India (2001) said this covers her future, not only the iddat period. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held that a divorced Muslim woman can also claim maintenance under Section 125 CrPC (now Section 144 BNSS); the 1986 and 2019 Acts add to that right. A wife who is still married can claim maintenance under Section 144 BNSS and relief under the Domestic Violence Act.
Children — custody and maintenance
After an illegal triple talaq, the wife is entitled to custody of minor children as the Magistrate decides (Section 6 of the 2019 Act). Otherwise custody and guardianship are decided by the Family Court, with the welfare of the child as the main consideration, under the Guardians and Wards Act, 1890 and personal law. Children can claim maintenance from the father under Section 144 BNSS.
State-specific rules — Uttarakhand and Assam
Uttarakhand: the Uniform Civil Code, Uttarakhand came into force on 27 January 2025 and, for persons it covers (Scheduled Tribes are excluded), a marriage can be dissolved only under the Code through a court; dissolving a marriage in any other way, such as by talaq or khula, is not valid and is punishable. Assam: the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 replaced the 1935 Act and requires Muslim marriages and divorces to be registered with a government Registrar instead of the earlier licensed qazi system. Other States follow the general position above — check for any new State law.
Papers to keep ready
Nikahnama (it records the mahr), any talaqnama or khulanama, messages or recordings of the pronouncement, names of witnesses, proof of the husband’s income and assets, your own income and expenses, children’s school and medical papers, and any police complaint or Domestic Violence Act application.
What this guide is not
It is not a religious opinion and does not say whether a particular talaq or khula is valid, or predict maintenance amounts or custody. Courts in different States have taken different views on some points, and the law is still developing — check the latest judgments of your High Court and the Supreme Court.
How Adhiwakta can help
We do not file divorce, maintenance or criminal cases, draft talaqnama or khulanama, contact the husband, wife, qazi or police, or take sides. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
Have a related question?
Frequently asked questions
- Is triple talaq valid in India?
- No. Instant triple talaq (talaq-e-biddat) in any form — spoken, written, SMS or WhatsApp — is void and illegal under Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and punishable with up to three years’ imprisonment and fine (Section 4).
- Can a Muslim wife take divorce without the husband’s consent?
- She can seek a court decree under the Dissolution of Muslim Marriages Act, 1939 on the grounds in Section 2. On khula, the Telangana High Court (2025) held the wife’s right does not depend on the husband’s consent; views and practice can differ between courts.
- Can a divorced Muslim woman claim maintenance under Section 125 CrPC / 144 BNSS?
- Yes. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held that Section 125 CrPC (now Section 144 BNSS) applies to divorced Muslim women, in addition to rights under the 1986 Act.
- What are the grounds for divorce under the 1939 Act?
- Husband missing for four years, no maintenance for two years, imprisonment of seven years or more, not performing marital obligations for three years, impotence, insanity or serious disease, repudiation of child marriage, cruelty, and other grounds valid under Muslim law.
- What can a wife claim after an illegal triple talaq?
- Subsistence allowance for herself and dependent children (Section 5) and custody of minor children (Section 6), as decided by the Magistrate, besides maintenance under Section 144 BNSS and Domestic Violence Act relief.
- Is talaq or khula valid in Uttarakhand?
- For persons covered by the Uniform Civil Code, Uttarakhand (in force since 27 January 2025; Scheduled Tribes excluded), marriage can be dissolved only through a court under the Code; other modes such as talaq or khula are not valid and are punishable.
- Does Adhiwakta file divorce or maintenance cases?
- No. Adhiwakta does not file cases, draft talaqnama or khulanama, or contact anyone. Use Ask Adhiwakta or the AI helper for general educational guidance only.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.