ENACTMENT NO. 3 OF 1952 ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1952
PART VI - MARRIAGE AND DIVORCE
Section 128. Fasah divorce.
(1) Any Kathi having jurisdiction in this behalf may receive from a married woman an application for the divorce known in Muslim law as fasah or for the divorce known as cherai ta'alik.
(2) Upon receiving such application the Kathi shall immediately cause notice thereof to be served upon the husband of the woman.
(3) If it is made to appear to the Kathi by sworn statement that the husband is not within the State and that in the circumstances of the case it is impossible to serve the notice on him the Kathi may order the notice to be served upon the husband's nearest relative or if no relative is known to be in the State may dispense with the notice.
(4) If at the hearing of the application the husband of the woman does not appear the service of the notice shall unless the Kathi has dispensed with the notice under this section be proved by sworn statement.
(5) The Kathi shall then record in a book to be kept for that purpose the sworn statement of the woman and of at least two witnesses and may then if satisfied that the provisions of the Muslim law have been complied with, make such order or decree as is lawful.
(6) The Kathi making an order or decree under this section shall on payment of the prescribed fee enter the particulars and nature of the divorce in a register kept by him for that purpose and shall issue certificates of divorce one for the husband and one for the wife free of charge:
Provided that if the divorce is capable of revocation no certificate of the divorce shall be issued to the wife until the expiration of the period during which the divorce may lawfully be revoked.
(7) The register shall be signed by the Kathi, by the woman who obtains the order or decree and by all the witnesses whose evidence has been taken by the Kathi .