Wifes family asking for divorce what to do

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A Muslim wife has no independent right of divorce. She cannot divorce her husband whenever she likes, as her husband may do. Under Muslim law, divorce by wife is possible only in the following situations:


(a) Where the husband delegates to the wife the right of Talaq (Talaq-e- Tafweez).
(b) Where she is a party to divorce by mutual consent (Khula and Mubarat).
2. Grounds for decree for dissolution of marriage.-

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:—

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,—

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute or leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:

Provided that—

(a) no decree shall be passed on ground (iii) until the sentence has become final;

(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

In the first two cases the wife’s right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless the husband himself gives her the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, she cannot get divorce unless the husband also gives his consent or it.

Under the Dissolution of Muslim Marriages Act, 1939, the dissolution of marriage depends upon the decision of the court. In other words, a Muslim wife cannot divorce without her husband’s consent or without a judicial decree.
Thus, if you have not delegated the right of pronouncing divorce to your wife or if you have not accused her of adultery which is found to be false, then you can contest the said divorce case, however, the outcome will be in your favour.

Advocate Siddhant Sharma LawRato