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Desertion by wife under Muslim marriage


04-Oct-2023 (In Family Law)
Hello respected lawyers My wife and I got married in November 2018. My wife left my home in April 2019. We have not been in contact ever since. I came to know in April 2020 that she left India in Oct 2019. We are married as per Muslim customs. Since the community to which I belong to has a tribunal of its own for arbitration, I have filed for a divorce in the tribunal. The proceedings are taking time. My questions are: 1. Is it illegal to go abroad without informing his/her spouse? Can I file a case for that? 2. Can I file a divorce petition as per Indian laws based on desertion by my wife? Because I'm not sure when the case in the tribunal would be resolved. Please guide.
Answers (1)

Answer #1
896 votes
There are two categories of divorce under the Muslim law:
1.) Extra judicial divorce, and
2.) Judicial divorce

The category of extra judicial divorce can be further subdivided into three types, namely,
# By husband- talaaq, ila, and zihar.
# By wife- talaaq-i-tafweez, lian.
# By mutual agreement- khula and mubarat.
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