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Husband not giving divorce staying outside India


01-Mar-2023 (In Muslim Law Law)

Assalamoalaikum, My sister is married to a Guy 8 months before. Guy went to Saudi Arabia for Job purpose, he is staying there as he is working there. my sister is asking for KHULA or divorce from last 6 months as she does not want to live with that guy. but the guy is not giving khula or divorce and taking time by saying he will come back in the month of December, but he did not, again he promised to do all the formalities of KHULA from there itself and let my sister free. but from last 3 months he is not contactable. please advice.

Answers (1)

Answer #1
60 votes

Under the dissolution of marriage act a woman can ask for khula under the following circumstances : 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 filed to provide for her maintenance for a period of two years;
(ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;
(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 a virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen 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 of 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 recognized as valid for the dissolution of marriages under Muslim Law 
As per the information you have provided i dont confer that under these grounds your sister is eligible to ask for khula from her hunband.

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