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The relevancy of Talaka in Divorce proceedings is governed by section 107(3) of the Law of Marriage Act, 1971. The relevance of Talaka in divorce proceedings is that such Talaka is the evidence that the marriage has broken down irreparably.
Note: Demand of a Khului before Sheikh (a wife securing her release through payment of a sum of money) or a wife asking the Sheikh to grant divorce Mubaraat (Mutual Consent of Spouses to Divorce) is the evidence under section 107(3) of the law ofMarriage Act that, the marriage has broken down irreparably.
Thus the presence of the forgoing entitles a Moslem to merely go to Court to have his Divorce officially registered without requiring him or her to prove that the marriage is irretrievably broken down. See Halima Athumani vs. Maulidi Hamisi [1991] TLR 179.
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