My husband need divorce and I don't as I am pregnant

871 votes

The concept of 'marriage' among Muslims from the very beginning itself (is) regarded as a contract. Muslim marriage has been defined as a civil contract for the purpose of legalizing sexual intercourse and procreation of children. It is not a sacrament but a contract, though solemnized generally with the recitation of certain verses from the Quran. Muslim law does not prescribe any religious service essential for solemnization. Justice Krishna Iyer in 'Islamic Law in Modern India' considered the concept of Muslim marriage and stated that "in its legal connotation, Muslim marriage is essentially a contract, though marriage as a social institution is regarded solemn all over the civilized world, including the Muslims

Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage.

A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq.
There are two categories of divorce under the Muslim law:
1.) Extra judicial divorce, and
2.) Judicial divorce
Conditions for a valid talaaq:
1.) Capacity: Every Muslim husband of sound mind, who has attained the age of puberty, is competent to pronounce talaaq. It is not necessary for him to give any reason for his pronouncement. A husband who is minor or of unsound mind cannot pronounce it. Talaaq by a minor or of a person of unsound mind is void and ineffective. However, if a husband is lunatic then talaaq pronounced by him during “lucid interval” is valid. The guardian cannot pronounce talaaq on behalf of a minor husband. When insane husband has no guardian, the Qazi or a judge has the right to dissolve the marriage in the interest of such a husband.
2.) Free Consent: Except under Hanafi law, the consent of the husband in pronouncing talaaq must be a free consent. Under Hanafi law, a talaaq, pronounced under compulsion, coercion, undue influence, fraud and voluntary intoxication etc., is valid and dissolves the marriage.
Involuntary intoxication: Talaaq pronounced under forced or involuntary intoxication is void even under the Hanafi law.
Shia law: Under the Shia law (and also under other schools of Sunnis) a talaaq pronounced under compulsion, coercion, undue influence, fraud, or voluntary intoxication is void and ineffective.
3.) Formalities: According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.
According to Shias, talaaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaaq, is void under Shia law. Here talaaq must be pronounced in the presence of two witnesses.
4.) Express words: The words of talaaq must clearly indicate the husband’s intention to dissolve the marriage. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage.
India is one of the few countries that recognises oral and triple talaq. Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act 1937. According to oral or triple talaq (divorce), Muslim men can divorce their wife by simply uttering talaq thrice. In the last couple of years, Muslim men have increasingly been using digital media to divorce. What makes the situation very difficult is that the Muslim Personal Law is not codified, which means it is open to interpretation by local clergy.




So a worst thing is happened try to contest it in court. Better try to settle the matter amicably with help of near relatives and friends

Advocate Ajay NS LawRato

600 votes

If he pronounces Talaq you can approach where you stay. After filing the petition both of you will be called for counselling and mediation.Both you and husband get the chance for talking each other infront of the court officer and your advocate.

Advocate Sindu R Kurup LawRato

629 votes

A musalman can make a divorce by Talaq as provided in the Mohammedan Law.There are some pre-requisites for it.One cannot stop divorce. But it can be challenged through court of law.Your pregnancy is not a ground for.challenging divorce

Advocate Thomas Adhikaram LawRato