47. Divorce at wife’s request

A married woman may apply to the Court for a divorce in accordance with the Muslim law.

In any such case, the Court must cause a summons to be served on the husband and enquire whether he consents to the divorce.

If the husband so consents, the Court must cause the husband to pronounce a divorce and cause the divorce to be registered.

If the husband does not agree to divorce the wife, but the parties agree to a divorce by redemption (khuluk), the Court may assess the amount of payment to be made by the wife in accordance with the status and means of the parties and must thereupon cause the husband to pronounce a divorce by redemption and, on payment of the amount so assessed, cause the divorce to be registered.

If the husband does not agree to a divorce by khuluk, the Court may appoint a hakam in accordance with section 50.

For the purposes of this section and sections 48 and 49, “married woman” includes a woman against whom a talak has been pronounced by her husband.