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Legal effects of divorce are –
Cohabitation becomes illegal
The wife is required to observe Iddat
Divorcee wife is not entitled to by maintained by her former husband
Right to contract other marriage is secured
1. Cohabitation becomes illegal • After the dissolution is effective, matrimonial intercourse between the parties become unlawful. Nevertheless, the parties may, in certain circumstances, lawfully remarry. 2. Iddat • The wife is required to observe an Iddat of three lunar months after the divorce or, • If pregnant, till the delivery of the child. • However, if the divorce takes place before consummation, the wife need not observe Iddat. 3. Fresh Marriage • Where the marriage was consummated, the wife has to wait till the expiration of her iddat in order to be able to remarry. • The husband, if he has four wives, must wait until the completion of the divorced wife’s idddat. • Where the marriage was not consummated, the parties can marry immediately, without waiting for the expiry of the iddat. 4. Maintenance during Iddat & Dower • During the period of Iddat, the divorced wife is entitled to be maintained by her former husband. • The unpaid dower becomes immediately payable to the divorced wife. Whether the dower is prompt or Deferred. 5. Mutual Rights of Inheritance Ceases • When divorce becomes irrevocable, the mutual rights of inheritance between the spouses cease. • If husband dies after the divorce, the wife is not entitled to inherit his properties. In the same manner if the wife dies, the husband cannot inherit her properties. • But, if the divorce was pronounced during the husband’s death-illness (Marz-ul-Maut), this general rule is not applicable 6. Right to Contract another Marriage • Both the parties are free to contract another marriage with other persons. • Husband can marry another woman immediately after the divorce. • But a divorced wife cannot marry another husband before the expiry of the period of Iddat. • If their marriage had dissolved before the consummation, the wife is also free to contract another marriage immediately after the divorce. 7. Remarriage between the Divorced Couple • There must be a fresh contract of marriage with all the essential formalities including fresh dower. • The divorced wife observes the required Iddat. • When Iddat is completed, the divorced wife contracts a valid marriage with another person and it must be consummated. • The husband either voluntarily divorces the wife or is himself dead and the wife observes Iddat. • Now, after the expiry of this Iddat, the wife may lawfully remarry the former husband.
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