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Legal procedure to file for divorce by wife under muslim law
16-Apr-2023 (In Divorce Law)
Hello. I'm a Muslim women who is married for since last 8 years and have got a son who is in 1st standard.My husband is in dubai and im in native. I found out 2/3 times some messages of my husband and other women which are indirectly not ethical in husband and wife relationship. I doubt on him now. Even his parents are mentally torturing me for simple things. They torture in the name of my family too. I would like to get divorce from him. But my parents are telling it's all normal in husband and wife. They are telling that because of their status in the society.
If you are really looking for divorce you can file a case against your husband under the ground of cruelty. When thd case is taken into file he will be called for. From the court itself you will get the chance for reconciliation.If it fails you can demand divorce.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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You can file a petition before Family Court for dissolution of marriage as per the provisions of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 under any of the following grounds :
(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 a 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 Qoran;
(ix)on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:
(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 a 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 Qoran;
(ix)on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:
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Adv. Babu Mandein
Kannur | 25+ Answers
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A Muslim woman can get divorce as per the Muslim/Shariyat Law or the provisions of Dissolution of Muslim Marriage Act, 1938. However, the facts posted do not suggest sufficient grounds for seeking a divorce; the doors of reconciliation still appears to be open. Anyhow, the discretion is yours.
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Adv. P Venu
Vaikom | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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