Law:

Section:

(a) Muhammadan Law--- ----Divorce---Delegated power of divorce to wife.--Husband can delegate power to divorce to his wife by way of contract with condition, unconditional or subject to the happening of some contingencies---When such power rests upon the happening of certain contingencies, wife has to exercise the delegated power of divorcing herself when the condition entitling her to exercise that power is fulfilled but in case of unconditional power she can exercise the same when and where required and in both these circumstances a formal pronouncement of divorce is necessary---Such power, however can also be empowered on a third party as well---Formal pronouncement of Talaq in all these cases is necessary. The Holy Qur'an being a Code itself provides: It is a simple Deen, and anybody who makes it complicated will stand ostracized. The provisions of Islam in respect of divorce are very simple and balanced. God has fixed the limits and no one can transgress over it. Under Mohammedan Law husband enjoys an absolute power of divorce to his wife. He may delegate this power to his wife by way of a contract. As a man in person repudiates his wife so he may commit the power of repudiation to his wife to repudiate herself. This power may be conferred on a third party as well. When such power of repudiation is conferred on the wife or some third person the divorce will take effect, if the power so conferred is exercised. This power can be a conditional power or rests upon the happening of some contingencies. It can also be unconditional. When it rests upon the happening of certain contingencies then the wife should exercise the delegated power of divorcing herself when the condition entitling her to exercise that power is fulfilled. But if that power is unconditional she may exercise the same when and where required. In both these circumstances a formal pronouncement of Talaq is necessary. Wilson's Anglo-Mahomedan Law, VIth Edn.; Baillie's Digest of Mahomedan Law, Book III, Chap. III; Mahomedan Law by Tayyabjee and Buffatan Bibi v. Sh. Abdul Salim AIR 1950 Cal. 304 quoted. (b) Muhammadan Law--- ----Divorce---Delegated power of divorce---Once a person to whom the power…

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