How can I take a divorce under Muslim Law

Iama a telangana state government employee, my wife tortured me since marriage, in my home myself and my mother (pensioner) only two members. She wants to seperate from home. But in family meetings she tells lie about seperaion. Then coming home and again tortured me blame with wrong allegations. Now we have 8 months daughter. In my absence she left my house. There is no response from their side. Her father is police. I don't want to cary the relation any more. What should I do..

Answers (2)

254 votes

Dear Client,

Divorce Under Muslim Law

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.

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 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.

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.

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139 votes

First and foremost since you are a telangana state government employee, you need to be cautious as any false case filed against you will jeopardize your career.
So the best option would be to first file a suit for restitution of conjugal rights and courts will order for mediation and reconciliation and it is obvious that the truth(your wife wanting to live separately from your mother) will come out.
Since it is illegal on the part of wife to ask the son to live separately from your mother, courts will generally grant divorce . However you will need to take care of the future of your 8 months daughter.
once the matter is in court, police will not interfere.

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