Muslim Marriage Law in India: Nikah, Talaq, Khula

In Indian law a Muslim marriage, or nikah, is a civil contract governed by Muslim personal law, with a few Acts of Parliament layered on top. This page sets out how a nikah is formed, how it is recorded, and how a marriage can lawfully end.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

Which law applies

Marriage, dower and divorce between Muslims in India are governed by Muslim personal law (Shariat). The Muslim Personal Law (Shariat) Application Act, 1937 says that in questions of marriage, dissolution of marriage (including talaq, ila, zihar, lian, khula and mubaraat), maintenance and dower, the rule of decision where the parties are Muslims is the Muslim personal law. Different schools of law, such as the Hanafi, Shafi'i and Shia Ithna Ashari schools, differ on some details, so families often follow the practice of their own school.

Parliament has added specific Acts on top of personal law: 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. In Uttarakhand, the state's Uniform Civil Code has applied since 27 January 2025 to all residents except Scheduled Tribes, so marriage and divorce there follow that Code instead.

How a nikah is formed

A nikah is a contract, and its essentials are simple:

Ijab and qubul: a proposal by one side and acceptance by the other, usually in the same sitting, given freely by adults who are capable of consenting.
Witnesses: Sunni schools generally require witnesses at the nikah; Shia Ithna Ashari law does not treat them as essential, though they are common in practice.
Mehr (dower): a sum or property the husband gives or promises to the wife as a mark of respect. It belongs to her. It may be prompt (payable on demand) or deferred (payable on divorce or death), and section 5 of the 1939 Act protects her dower rights when a marriage is dissolved.
No legal bar: for example, the parties must not be within prohibited degrees of relationship.

On age, the Prohibition of Child Marriage Act, 2006 treats a woman under 18 and a man under 21 as a child for its purposes. Courts have taken differing views on how it interacts with personal law, so 18 and 21 are the safe minimums; see our page on child marriage law.

The nikahnama and registration

The nikahnama is the written record of the nikah, usually prepared by the qazi and signed by the bride, groom, witnesses and the qazi. It records the mehr and can record agreed conditions, including a delegated right of divorce for the wife (talaq-e-tafweez). Keep the original safely, along with copies.

A nikahnama is good evidence, but many offices ask for a government marriage certificate as well. Registration rules are set by states. Several states require all marriages, of every religion, to be registered under a general law, such as Maharashtra's 1998 Act or Delhi's 2014 compulsory registration order. Assam passed the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, which replaced the Assam Muslim Marriages and Divorces Registration Act, 1935 and moved registration from licensed qazis to government registrars; marriages already registered under the old law remain valid. Check your state page in our marriage registration guides, and see documents for marriage registration.

A Muslim couple can also register an existing nikah, or marry from the start, under the Special Marriage Act, 1954. Doing so brings the marriage under that Act's rules on divorce and succession, so it is worth understanding before you choose; see court marriage under the Special Marriage Act.

Ending a marriage

Divorce by the wife through a court

The Dissolution of Muslim Marriages Act, 1939 lets a wife seek a decree of divorce on grounds that include: the husband's whereabouts unknown for four years; failure to maintain her for two years; a prison sentence of seven years or more; failure to perform marital obligations for three years without reasonable cause; impotence; insanity or certain serious diseases; cruelty; repudiation of a marriage arranged before she turned 15 (the option of puberty, exercised before 18); and any other ground recognised as valid under Muslim law.

Khula and mubarat

Khula is a divorce at the wife's instance, usually with her returning the mehr or another benefit. Mubarat is a divorce by mutual agreement. In 2021 a Division Bench of the Kerala High Court held that a Muslim woman may invoke khula without the husband's consent, subject to conditions such as an attempt at reconciliation, and overruled its 1972 decision in K.C. Moyin. The Supreme Court has issued notice on an appeal against that ruling, so the position may change.

Talaq and the 2019 Act

In Shayara Bano v. Union of India (2017), the Supreme Court by majority set aside talaq-e-biddat, the instant and irrevocable triple talaq. The Muslim Women (Protection of Rights on Marriage) Act, 2019 then made any such pronouncement, spoken, written or electronic, void and illegal (section 3) and an offence punishable with up to three years' imprisonment and fine (section 4). The wife is entitled to a subsistence allowance for herself and dependent children (section 5) and to custody of minor children (section 6). Other forms of talaq recognised in personal law, which involve waiting periods and the possibility of reconciliation, are not covered by that ban.

Maintenance

In Danial Latifi v. Union of India (2001), a Constitution Bench upheld the 1986 Act and held that the husband must make a reasonable and fair provision for the divorced wife's future, which is not limited to the iddat period, though it must be made within it. 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 of the CrPC, now section 144 of the BNSS, and that the two remedies run side by side. More on this in maintenance and alimony.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Registering the marriage?

The registration guides cover court marriage, documents and the office and portal in every state.

Marriage registration All marriage law

Questions people ask

Is a nikahnama the same as a marriage certificate?

Not quite. The nikahnama is the religious and contractual record of the nikah, while a marriage certificate is issued by a government registrar. Many offices, embassies and passport authorities ask for the government certificate.

Is triple talaq still valid in India?

No. Instant triple talaq (talaq-e-biddat) is void and illegal under section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and pronouncing it is an offence under section 4.

Can a Muslim wife get a divorce through a court?

Yes. The Dissolution of Muslim Marriages Act, 1939 lists grounds such as failure to maintain her for two years, cruelty and the husband being missing for four years, on which a court can dissolve the marriage.

Can a divorced Muslim woman claim maintenance under section 125 CrPC?

Yes. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held she can use section 125 CrPC, now section 144 BNSS, alongside her rights under the 1986 Act.

Is mehr the property of the wife?

Yes. Mehr is owed to the wife, whether prompt or deferred, and dissolution of the marriage under the 1939 Act does not take away her dower rights.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

Personal laws: more

Christian Marriage Law in Indiachristian marriage law in india Parsi Marriage Law in Indiaparsi marriage law Anand Karaj Marriage Registration and Sikh Marriage Lawanand karaj marriage registration

Compatibility figures are the classical Guna Milan as computed by TrueSaath's free calculator and are offered as a reference, not as advice. Community and place pages describe how TrueSaath works; any member count shown is live and rounded, never a claim.