How can a muslim women file for divorce on grounds of dessertion

823 votes

You have many options first if you want divorce then file a Petition in Court for Divorce and maintenance and residence under the Dissolution of marriage for Muslim women.Alternatively you can approach quazi to send Khula notice but approaching court advisable as she can ask for mobthly or lunpsum maintenance. Yes he can get married as under muslim personal law second marriage is valid.

Advocate Shalini Devi LawRato

753 votes

respected madam you may file divorce petition in family court under following grounds 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,

Advocate Kapil Rathor LawRato

635 votes

As you have ask suggestion from me,hence keeping law aside considering you as my daughter I will suggest you forget this marriage as the period
of marriage is only 9 months out of which 4 months you are living separately,already taken conference with elders,from very initial stage,if marriage
fails ,it become very difficult in future.as per legal matter you ask for section 125 for maintenance ,and section 498 for cruelty from family.

Advocate Vijay Kalu Wani LawRato