How to file for divorce under Muslim Personal Law

940 votes

Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.




Divorce by husband/wife

A Husband may divorce in the following manner-
Talaq: which is release from the marriage tie immediately or eventually.
Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.
Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.
A wife may divorce in the following manner-
Talaqetafwiz: talaq by the wife under the husbands delegated power.
Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act.
Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.
Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939

A Muslim woman may file for divorce on the following grounds-
That the whereabouts of the husband have not been known for a period of 4 years
That the husband has neglected or has failed to provide for her maintenance for a period of two years.
That the husband has been sentenced to imprisonment for a period of seven years or upwards.
That the husband has failed to fulfill his marital obligation for a period of three years.
That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.
That the husband was impotent at the time of marriage and continues to be so.
The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.
Triple divorce

Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.

Advocate Siddhant Sharma LawRato

687 votes

First you should worry about the complaint and not divorce. If the lady is about to file a police complaint than you should first find out if the complaint is filed or not and if it is filed than seek bail

Advocate Palav Agarwal LawRato