Justice A. Muhamed Mustaque and Justice C.S. Dias remark that the Dissolution of Muslim Marriages Act intended to extend judicial divorce to all Muslim women irrespective of the schools they follow. Section 2 of the Shariat Act statutorily recognized the personal law and dissolution of marriages without the intervention of court through ‘talaq,’ ‘illa,’ ‘zihar,’ ‘lianoll my,’ ‘khula,’ ‘Mubarat, etc.
The court also pointed out that there were four major forms of dissolution of marriages as recognized under Islamic law and protected under the Shariat Act at the instance of the wife. They were Talaq-e-tafwiz , Khula, Mubara’at, and Faskh. Under the Shariat Act, Muslim women retained the right of all modes of extrajudicial divorce recognized under their personal law, except Faskh. Faskh was a form of judicial divorce effected through the intervention of a court or the authority at the instance of the wife.
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