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Divorce Under Mahomadan Law
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Chapter I Divorce under the Mahomaden Law ‘The contract of marriage under the Mahomaden law may be dissolved in any one of the following ways; (1) by the husband at his will, without the intervention of a Court; (2) by mutual consent of the husband and wife, without the intervention of a Court; (3) by a judicial decree at the suit of the husband or wife. The wife cannot divorce herself from her husband without his consent, except under a contract whether made before or after marriage, but she may, in some cases, obtain a divorce by judicial decree.’ 21 Divorce by the Husband at his Will When the divorce proceeds from the husband, it is called talak. In the case of “Ahmad Kasim Vs Khatun Bibi” * any Mahomaden of sound mind, who has attained puberty, may divorce his wife whenever he desires without assingning any cause. Mer ' Section 307, Principles of Mahomedan Law, 1955, P-264. ? Section 307, Ibid, P-264. $1932, 59, Cal.833.22 Modes of Talak According 10 the Mahom, spoken words) or Q)bya aa (@) Oral Talak laden Lay W, a talak may be effected (1) orally (by doc ‘ument called a ta ‘ In the case of “Fulchand vs Nazib Ali it is not necessary that the talak should be pronounced in the presence of the wife or oe aa even addressed to her. : Icutta case the husband merely pronounced the word “talak” before a family council and this was held to be invalid as the wife was not named.’ This case was cited with approval by the judicial committee in a case where the talak was valid as the wife was named? The Madras High Court has also held that the words should refer to the wife. The talak pronounced in the absence of the wife takes effect though not communicated to her, but for purposes of dower is necessary that it should come to her knowledge and her alimony may continue till she is informed of the divorce. As the divorce becomes effective for purposes of dower only when communicated to the wife, limitation under Art. 104 for the wife's suit for deferred dower runs from the time when the divorce comes to her notice. The period of limitation for a suit to recover “deferred” dower is three years from the date when the marriage is dissolved by death or divorce.” 2) Talak in writing ‘A talaknama may only be the the deed by which the divorce is effected. record of the fact of an oral talak or it may be -265. section 310, Principles of Mahomedan Lav, 1955, P- 5 1909,33 Mad.22, 3 L.C.730- §1909,36 Cal 181,11C.740. oo 4 cal S88. : i don (1932) 59 LA. 21. . fn 104, Sch I, Limitation Act 1908.23 In the case of “Sarabaj Vs Rabiabaj”! presence of the Kazi or of the wife 7 nie the eerie z 5 form and manifest the intention to divorce is presumed. Otherwise the intention to i m eee samen c#8s the tlanamas were held tobe without proof of intention. On the other hand if the deed is in the form of a declaration not addressed to the wife or any other person, it is not in customary form and is not effective if there was no intention to divorce.'! Tf the talaknama is customary and manifest it takes effect immediately even though it has not been brought to the knowledge of the wife. In a Bombay case the talaknama was communicated to the wife within a reasonable time and the Court observed that this was sufficient. This, however, was not a finding that communication within a reasonable time is necessary and the talaknama operated from the date of execution. But as in the case of an oral talak, communication may be necessary for certain purposes connected with dower, maintenance and her right to pledge her husband’s credit for means of subsistence. If an acknowledgement of divorce is made by the husband, the divorce will be held to take effect at least from the date upon which the acknowledgement is made. In the case of “Kalenther Ammal Vs Ma Mi and one” !? Sunni Law Divoree by document sent to wife Document not produced Statement of person who heard document read not admissible Oral explanation by husband of contents of document does not constitute a valid Oral evidence must, in all case whatever, which could be seen, it must be the evidence of a withness oral divorce Evidence Act Ss 60,63(5). be direct; that is to say- If it refers to a fact who says he saw it; ee ae . 537. ' 111905, 30 Bor 7 ht: lolan(1932) 13 Lab, 780,138 L134 2, Ran.400.if it refers to an opinion or to the grounds on which ae ; a a Provided that the opini peaeeeg opinions of experts expressed in any s : offered for sale, and the grounds on which opini Se a opinions are held, may be proved by the al ‘reatises ifthe author is dead or cannot be forund or has becon incapable of given evidence, or cannot be called as a withness without an amount of delay or expense which the Court regards as unreasonable; Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection." Secondary evidence means and includes oral accounts of the contents of a document given by some person who has himself seen it.'* A Sunni mahomadan husband may divorce his wife by any words, susceptible of being interpreted as a pronouncement of divorce if the words are uttered with a clear intention on his part to dissolve the contract of marriage. Under the contents of such a document to the witnesses did not constitute an oral divorce as the intention of the husband was to divorce his wife not by word of mouth at the time but by a written document sent to her. Different Kinds of Talak ‘A talak may be effected in any of the following ways (1) Tonkahem- This consists of « single prooumenment of ive mas Bs ain (ecicitcmc mse Bow tn ticarn SOASbe pronounced even if the Wife is in her Menstruati ” Malek in the san form ee (2) Talakhasan- This . ation, San This consists. of thee successive tuhrs, no intercourse taking pl Pronouncements made during Pl lace durin, ae 1g any of three Pronouncement should be made durin, im next tuhr, and the third during the Succeeding tuhr, —— - (3) Talak-ul-bidat or {alak-i-badai ~ This cons; ‘Onsists of — (i) three pronouncem, i ents made during a single tubr either in one sentence, . : >” OF in separate sentences, e.g. , “I divorce ee, I divorce thee I divorce thee" or ii) a si ae ( Ng a Pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage'® e.g. , irrevocably.”!” “T divorce thee Irrevocable Talak (1) _ A talak in the ahsan mode becomes irrevocable and complete on the expiration of the period of iddat. (2) A talak in the hasan mode becomes irrevocable and complete on the third pronouncement, irrespective of the iddat. (3) A talak in the badai mode becomes irrevocable immediately it is pronounced, irrespective of the iddat. As the talak becomes irrevocable at once, it is called talak-i-bain, that is, irrevocable talak. Until a talak becomes irrevocable, the husband has the option to revoke it ; ‘ 18 which may be done either expressly, or implied as by resuming sexual intercourse, f words showing a different intention, a divorce in writing In the absence 0! : operates as an irrevocable divorce (talak-i-bain), and takes effect immediately on its execution.” Peel ee i 10513. 3 mir ur-din VakcbatunBibi (1917) 39 AIL 371,39 "Sarabai Vs Rabiabai (1905) 30 Bom, 195s, p.267. " Section 311, Principles of Mahom ‘ "8 Section 312, Ibid , P-268- ” Section 313, Ibid, P-268-"ul tn ee ; imation of the petiod of iddet the wite remarry former husband. can with the 2.2 Divorce by Mutual Consent Diverse ye ‘mutual consent is confined by the Mahomedan Lavy, itis th easy way to dissolve the marriage tic, There are two kinds of mutual consens ; ‘They are- Khula and Mubara, noe eomce: (1) A marriage may be dissolved not only by talak, which is the arbitrary act of the husband, but also by agreement between the fmatend ancien ye dissolution of marriage by agreement may take the form of khula or mubra. (2) “A divorce by khoola is a divorce with the consent, and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie. In such a case the terms of the bargain are matters of arrangement between the husband and wife, and the wife may, as the consideration, release her dyn-mohr (dower) and other rights, or make any other agreement for the benefit of the husband”. Failure on the part of the wife to pay the consideration for the divorce does not invalidate the divorce, though the husband may sue the wife for it. A khula divorce is effected by an offer from the wife to compensate the her husband if he release her from his marital rights, and acceptance by the husband of the offer. Once the offer is accepted, it operates as a single irrevocable divorce (talak- i-bain) and its operation is not postponed until execution of the khulanama (deed of khula). In the case of “Avaduranman Vs Ma Kyay the consent of the wife and giving the consideration to the hush accepted the offers from the wife. Mahomaden Law divorce Khula divorce singing of do receipt of dower when binding. Held; Under Bishomae 54) 21 Khula divorce is the divorce by and or the husband is cument by wife rectseng the wife is at liberty to 1* Edition, 1992, P-204. BME es 3s ee > Ba Maw, U, Marriage Laws of Myanmar, **26, LC, 102.release her husband from om lent obtained at her own instance from the wife, or it may Proceed from the husband, but once it is accepted, the eee 1S complete, and it operate as a talak-i-bain as in the case of khula. (@) As in talak, so in khula and mubare’at, the wife is bound to observe the iddat, as stated in sec.257 above (1) A marriage with a woman before completion of her iddat is irregular, not void. The Laohore High Court at one time treated such marriage as void; but in a later decision held that such a marriage is irregular and the children legitimate. (2) “Iddat” may be described as the period during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or death to remain in seclusion, and to abstain from marrying another husband. The abstinence is imposed to ascertain whether she is pregnant by the husband, so as to avoid confusion of the When the marriage is dissolved by divorce, the duration of the iddat, if the if she is not so subject, it is three parentage. woman is subject to menstruation, is three courses; lunar months. If the woman is pregnant at the time, the period terminates upon is dissolved by death, the duration of the iddat is four delivery. When the marriage ‘ ; woman is pregnant at the time, the iddat lasts for four months and ten days. If the er Jivery, whichever period is longer. il de i months and ten days or until de! ved by death, the wife bound to observe the iddat arriage is disso! : pu e summated or not 1 the marriage Was dissolved by whether the marriage Was © ee a TRO 1963,B 2 Ma hazarakhatu Vs MaungThaaAUne |" 1” 1955, p-271. 2 Section 319, Principles of Mahomeden28 givorce, she is bound to observe the ig ee 'y 4 if the E there was no consummation, there is no iddat, 1€ marriage was coy oe iddat.”* Mubara is divorce by the mutual consent of the parties and the dissolve the marriage tie. So, the wife is no need to paid the grievanc aoe like as the Khula divorce. Ae 23 Stipulation by Wife for Right to Divorce Mahomadem marriage is absolutely based on the agreement. Under the Mahomaden Law not only the husband has the right to divorce at his will but also the wife has the right to divorce under the stipulations before or after marriage. The purpose of the provisions of the stipulations to control the right of the conversely of the husband or wife and to the protection of the safety of the life?5 ‘An agreement made, whether before or after marriage, by which it is provided that the wife should be at liberty to divorce herself in specified contingencies is valid, if the conditions are of a reasonable nature and are not opposed to the policy of the Mahomedan Law. When such an agreement is made, the wife may, at any time after the happening of any of the contingencies, repudiate herself in the exercise of the and a divorce will then take effect to the same extent as if'a talak had been power, is not revocable, and pronounced by the husband. The power so delegated to the wife she may exercise it even after the institution of a suit against her for restitution of conjugal rights.” (A), a muhammadan, married (B), @ muhhammadan girl under 15 years of age, promising at the time to live with her parents for there years and not to ill-use her, and ance the “triple talak” in the ease of further more delegating to her the power to prono cout his promise as to residence, a breach of any of his stipulations. (A) failed to camry ie a eee = Sti Prine 1955, P-232. Section f Mahomeden Law, 195 3 Xin ree Sein, oe ‘The Islamic Law, 2” atin 1987107 % Section 314, Principles of Mahomeden Laws 1955, p-269.pusband should not contract a second marriage i ‘an agreement that a a marriage is legal, and on failure of her husband to fafil such an agrecment the wife may apply to a competent Court for divorce. A deere of divorce may Be granted by compeicat Court tot Mahomedan wife when the husband leaves her without any means of subsisteace or without making any provision on her behalf, or persistently neglects to visit her, or treats her habitually in ‘a cruel manner, or fails to fufil the a | the marriage contract, 24 Apostasy from Islam If one of spouses is apostasy from Islam the marriage tie is automat dissolved under the Mahomaden Law. The intention is not important concerning with the apostasy form Islam either they intend to dissolve the marriage te or to change (2) Before the dissolution of the Muslim Marriage Act, 1939, apostasy from Islam of either party to a marriage operated 2s a complete and immediate dissoltion of the marriage. 2) Under sec. 4 of the Dissolution ofthe Muslim Mariagss Act, 1959, however sere renunciation of tem bya maricd Woean or ber oOaverio WAY OMT scion comma by el pets sve et merings bt se ma esas jane tacos memo nme aun stenten sas citaeempsteet NOG pS ee > \anafimNiss Ve Bodi Rabon, 7, LBR AS *OLBRIM30 (3) Sec. 4 only applies to the case of OF apostas woman, and aj 7 6 ostasy ofthe Mustim h and immediate dissolution oti Would still operate as a complete lartiage, ‘4) The provisions of ) See. 4, however, do not appl Islam from some other faith, who rembraces 7k | Ps eee former faith. In such a on of Mus] on apply, and the conversion wil] operate as a di disso] (5) Apostasy from Islam of the husband opera ites dissolution of the marriage 2° the law as it stood before the Dissoluti im Mi im Marriage Act, 1939, will lution of the marriage. as a complete and immediate Apostasy from Islam by either - marriage which takes places aes a a ao without having a talak, whether it has taken a place before or after consummation.” In the case of “A.M Ebrahim Vs Fatima Bi Bi! under sunni Mahomadam Law, apostasy from Islam by one of a married pair is a cancellation of their marriage which takes effect immediately. If the wife be the apostate, she is entitled to the whole dower agreed upon at the time of the marriage provided that consummation has taken place before the divorce. But she is entitled to no part of it if the marriage has not been consummated. In the case of “AbdulGhani Vs AzizulHuq”? a mahomaden husband becomes aconvert to the Christianity. The wife then marries another man before the expiration of the period of iddat. She is not the guilty of bigamy because apostasy operates as an immediate dissolution of marriage. 2.5 Divorce by Judicial Decree The Dissolution of Muslim Marriage Act, VIII of 1 ct was passed in order to consolidate and clarify the provisions of to suits for dissolution of marriage by women married under the renunciation of Islam by a 1939. The Dissolution of Muslim Marriage A‘ Muslim law relating Muslim law and to remove doubts as to the effect of maried Muslim woman on her marriage tie. The Act came into force on the 17” ‘Mahomedan Law, 1955+ 273. Bn aye 9 Section 321, Principles of ea Ff Ma NaingVs Kader Mode! +, 1939, RLR383. 1912,39 Cal.409, 14 LC. 641.insanity of husband; (6) repudiation of Marriage by wit fe; (Njeruelty of husband and other grounds re i i oy ‘cognized by Muslim law, Section dof Pent of the apostasy from Islam of a married Muslit eo see grounds are independent ofeach other, oe aes dissolution of marriage can be made.>3 and on proof of any one of them, a decree for 1 Absence of husband BR ev Sak e te solo ofr marge eae: ee own for a peed of four years; but a fect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court must set aside the decree. In such a suit (@) the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing ofthe plaint shall be stated in the plaint, (6) notice of the suit shall be served on such persons, and (¢) such person shall have the right to be heard in the suit. The paternal uncle and brother of the husband, if any, must be cited as party even if he or they are not heirs. In the case of “Mst Nur Bibi Vs Pir Buw”™ it was laid down that where a husband has failed to provide maintenance Fo the suit, the wife woul Gi) of the Act in spi - his wife for a period of two years id be entitled to a dissolution of her te of the fact that on account of her she would not have been entitled to immediately preceding marriage under Section 2 conduct in refusing to live with her husband, 74, ® Section 323, Principles ofMahomedan Law 1955 pa % Section 324, Ibid, P-276. ALLR 1950 Sind 8.32 nfo? any claim for maintenance against ee . usband jj which the husband had failed to maintain her, iO espect of the period during ‘The husband cannot defend the sui Suit merely on the tain her due to his ili ground to maintan Poverty, filing health, unempla that he was unable : yyment, imprisonms lent or d, such oy other groun' such as, personal properties of his wife, unless i per conduct has been such as to disentitle her to ares SSs iis submited, that ice under Muslim Lay w. F Failure to provide maintenance ‘The wife is entitled to obtain a decree for the dissolution of h : of her marriage i psband has neglected or has failed to provide for her maintenance for 2 se aperiod of two 36 years. 3 Failure to perform marital obligations The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has neglect or has failed to perform without reasonable cause his marital obligations for a period of three years.” 4 Impotence of husband The wife is entitled to obtain a decree for the dissolution of her marriage if the husband was impotent at the time of the marriage and continues to be so; but before n this ground the Court is bound, on application by the husband, to iring the husband to satisfy the Court within a period of one year impotent, and if the husband so passed on the ground of his passing a decree o1 make an order requ from the date of such order that he has ceased to be satisfies the Court within such period, no decree can be impotence.** 5 Insanity of husband nig The wife may obtain a decree for the dissolution of her marriage i ii i leprosy or @ tochend hes been eens fora penet Ce OLE suffering from leprosy virulent venereal disease.” p-276. * Section 325, Principles of Mahomedan Law, 1955, eras 34 Section 327, Ibid, p-278- »» Section 328, Ibid, P-278. Section 329, Ibid, P-278.2 Repudiation of marriage by wife By the Dissolution of Muslim ace of puberty in the case of aanitce si Whose a a Testriction on the option ee : as been abolished, and under sec, Be te dissolution of her marriage if she peer ee Aedes ic Owing fas, namely, (1) the sage has not been co ae nsummated, (2) the marriage the age of 15 years, and (3) she has repudiated ty took place before she attained e has been aanged bya father or gcessary 10 invalidate the marriage which has been repudiated by A woman married und i aa ' : ler Muslim law shall be entitled to obtain a d dissolution of her marriage on any ground that she having been gi ce a, ‘ her father oF other guardian before she attained the age of fiftee <7 Baa : i n repudiated marriage before attainting the age of eighteen years.‘ bes 7 Cruelty of husband The wife is entitled to a decree for the dissolution of her marriage if the husband treats her with cruelty, that is to say- (@) habitually assaults her or makes her life, miserable by cruelty or conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute or leads an infamous life, or (o) attempts to force her to Jead an immoral life, or the observance of her religious profession or practice, or erty or prevents her exercising her legal rights over it, or cordance with (@) abstructs her in (e) disposes of her prop (® if he has more wives than one, does not treat her equitably in ac the injunctions of the Quran.” In the case of “Noor Jahan Bibi Vs kazim Ali*® Noor Jahan filed against her was of bad character and she was husband Kazin Ali who ebarged her that she = enamoured of one Asghar Ali and committed adultery with him. a ne by im Court that the doctrine of Lian has not bec psolete under the Mus ome Ol ae »-242. “ Section 273, Principles of Mahomedan Law,1955, P-242. 1939, P10. * Section 2(vi), The Dissolution of Muslim Wiss pais. Section 331, Principles ‘of Mahomeden Law, °°" ALR 1977 Cal. 90. Law andnerefore und that her husband has charged her With adultery false pivoree by the Islamic under the Mehomaden ny y. Ww, a the h ‘ aivorce at bis will. Its called the tala Saat 10 > inthere oral talak and document talak. In spe making of a talak must be stated the intention of the husband to diovrce. jyoreo¥es the talak has the revocable and irrevocable talak. The wife has the right to givoree under the stipulations before or after Tarriage. If the husband breaches the sporiage contract, the wife has the right to divorce, Under the Mahomaden Law, the pusband or wife has the right to divorce by the exparte and the wife has the right 10 divorce under the judicial decree. If the husband is failure to provide the maintenance for the wife, the wife does not know where he lives upward four years, the husband vas impotent, lunatic and the apostasy. Under the Mahomaden Law, after making the divorce the wife must be waited the period of iddat.pivorce by the Buddhism under the 4 y wife cam divorce by the mutual Consent 5 fault. Aduit yife is amount to the grievous matrimonial faults. If one of, ‘the was = grievous matrimonial fault, the offender May forfeit the hnapazoy ee € N property Divorce by the Islamic under the Mahomad Z len Law, tis will, which is called the talak. Talak can make oral revocable and irrevocable talak. In the making of talak the intention must be proved. Under the Mahomaden Law, the husband and wife has the right to divorce by the exparte. Moreover the wife has the right to divorce under the stipulations before or after marriage but these stipulations are not opposed the Mahomaden Law. The wife has the right to divorce under the judicial decree if the wife does not know where the ‘the husband can divorce at and document. Talak has the husband lives for a period of four years, failure to provide the wife, the husband committed the cruelty upon the wife, breach of the stipulations, the husband was impotent, lunatic and lunatic, repudiation of marriage. According to the Mahomaden Law, the wife must wait the period of iddat after making the divorce. Divorce by the Christianity in Myanmar under the Burma Divoree Act, 1869, the husband and wife may present a petition to the District Court for the dissolution of mariage, nullity of marriage and judicial separation. So, if one of te spouse committed the marriage with another person, for example- adultery, desertion, rape Sodomy and the husband or wife has the former husband or wife, ete, oo ye ®Pettion to the Court to dissolve the marital tie. Diveree in the Christianity they in the making of a Sannot divorce without the intervention of the Court. Moreover s no collusion between ts re is ‘eetee for divorce has nisi and final decree Be Patties, . the Myanmar in Myanmar, for P 3 ee So, divorce under different family a Customary Law 1S ic Buddhists concerning with the divorce — Conclusion :7 ; y i ‘wife, such as mistepresentation, adute livorce has the "go, if these facts must be str TY on the part liscrimination ictly she Of the pre Prohibited 1¢ husband amous- But under the Myanmar for and ‘ustomary the wife d oP ther religio: i Law, D&S Rot comes to yt tha? the ot gions concerning with the diy » the wife has the a . a 1 paivoree without any difficulties. Divorce un ea because the wife has the Burma Div force Act, 1869, ght gion cannot di i igi jot divorce without the interventi lion of Court. Mc . Moreover the poe ” , isto religions exercise the monogamy system. The Christiani wy sonar under the Myanmar Divorce Act, 1869. The Sd may divorce in uiority concerning with the divorce. So, divorce by the me = ee sie petween the husband and wife. Divorce by the Islamic ae is fair and as the husband has the right to divorce at his will, these right to control the wife has the right to divorce under the stipulations. So, divorce by the Mahomaden iz . cheok and palance. Under the Burma Divorce Act, 1869 and Mahomaden Law, the wife has the right to divorce if the husband is insane or idiot. These facts are unexpected events and unreasonable. If it is allowed concerning with the insane or who suffers as cruelty, it is not justifined for the insane or idiot person. So, it is with the insane or idiot. Moreover concerning with divorce for strictly provided. Hinduism has no right to divorce under the religion are not recognized cont ing with the divorce. ‘The rd with the Hindu Law. Although it Hinduism must decide thei isprovided in Myanmar Laws ‘Act, 1898, the Hinduism should have the same rights 2° the other religions. According to the Universal Declaration of Human Rights the husband and wife are entitled the equal ri ing with the dissolution of marriage without any limitati Which amount to the breaking cruelty, adultery, desertion and Ives in India will have the right adultery, desertion, apostasy from ltrosy, So, divorce should grant con wy Myanmar. idiot not granted concerning the Hinduism must be Hindu Law because their ir religious cases in accolof a judicial separati i every case judicial separation under ty; t, the wife shall whi thilst so yed O° considered as an unmarried woman for the ” ad injuries, and suing and being sued jn Purposes of contract and pF Se any civil P so pall pot be liable in respect of any contract, act Proceeding: and her act or costs entered into, e ; org incusred by her during the separation; done, jt oo provided that where, upon any such judicial a ordered to be paid to the wife, and the tion, alimony has been co f ‘ same is Pe é pe shall be liable for necessaries supplied for her use. a duly paid by the pivoree by the Christianity in Myanmar under the ‘ reasons for divorce. The , lyanmar Divorce Act, 969, bas fe . They are (1) dissolution of marriage, (2) nulli ‘age and (3) judicial separation. The Christianity cannot divoree witho ity of without the stervention of the Court. The husband or wife must be presented the petition to the jon to the iariet Cust OF High Court for the dissolution of marriage, nullity of marriage ms Di is aicial separations. petitioner is commit decree for divorce, firstly the Court will pass only the decree There is no collusion or connivance in the present of the petition. ithe ‘tted the collusion or connivance, the Court can dismiss the ion. In passing the pati sei is ratified after the expiration of six months and then the Court sisi, The decree mi pass the final decree. The Christian religion cannot divorce by the mutual consent as Jamic. If the husband or wife present @ petition for the Myanmar Buddhists and Isl pass the decree for separate. This provisions is not judicial separation, the Court will contained in Myanmar Customary Law an¢ ‘Therefore divorce by the Christianity in Myanmar under the Myanmar Divorce Act, 1869, is strictness because the provisions for the Christian religion concerning with the divorce are detailed. Moreover, the Christian religion exercise the e intervention of Court. The monogamy system and they cannot divorce without the ion. So, can dismiss the petitic the divorce in Christianity. Coutt is not only cannot pass the direct decree but also the Court has the absolutely authority concerning with Section 25, Burma Divorce Act, 1869 P-83.
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