Judicial divorce and its nature

Abstract

Judicial divorce is a kind of divorce in which the presence ofhusband or his consent is not a condition based on this couples can get throughdivorce process and on the other hand ,it is not based on initial consent ofhusband to give this right to his spouse to be his Substitute in divorceprocess. This type of divorce was of special importance  with the enactment of Art.1130 Q.M.; So thatit has taken on a variety of topics, including the nature of judicial divorcebased on being revocable and irrevocable, because according to what nature ithas there will be different effects on it. This paper seeks review of judicialdivorce based on being revocable and irrevocable in jurisprudence and civillaw. For this purpose, this paper has attempted to express different views thathave been offered about being revocable and irrevocable of judicial divorce inaddition to instances of judicial divorce in Imami jurisprudence and civil law,and a comparison between these two areas.