Can I get a divorce if my wife is not ready to live with me

574 votes

Muslim men still don't need to go to Court for getting divorce.

Assuming that you are a Sunni Muslim, you can go for Ahasan or Hasan form of Talaq given under Talaq-ul-Sunnat.

Talaq-ul-Sunnat is still perfectly valid in India, Ahasan and Hasan are sub-types of this form of Talaq.

In Ahasan, which is most approved form of Talaq, a single irrevocable pronouncement of talaq has to be made to the wife during the period of her purity.

In Hasan, which is also a good form of talaq but not as good as Ahasan, three consecutive pronouncements of talaq have to be made to the wife during three consecutive periods of her purity. Only one pronouncement is made in one period, and so on until three periods. Resumption of relationship and cohabitation between these periods invalidates previous pronouncement(s).

Ahasan form of talaq is approved by the Hazarat Muhammad SAW (PBUH) himself.

Here, periods of purity mean the periods when a woman is not menstruating.

You can validly give her divorce. Her consent is not necessary.

But, before taking this step, give one last chance to save your relationship. Son is only four months old. You can also take help of professional counsellor.

Advocate Sandeep Naik LawRato

998 votes

Sir, the best you can do is that you can write a talaaqnam stating the above facts and send it your wife and concern Majid with signature of 2 witness with the deferred Meher if any. Unless the talaqnaama is served on her, it is not a valid Talaaqnam, so if you think that she would not accept talaqnaama, think of alternatives, like calling a meeting of elders and decide issues there. You can give Talaaqnam there as well. You can also obtain a fatwa from nearest kazi. For any other information you are advised for a consultation. Kindly contact me if you need any other clarification.

Advocate Aamir Zafar Khan LawRato

503 votes

Sap use divorce le sakte he. But Abhi Supreme Court ne, 3 talaq pr stay kr rakha he isliye ap use sharai trike se 3 month me talaq de sakte he. OK month me 1 talaq dusre month me dusri talaq and tisre month me tisri talaq. Wese ap pehle mahila desk me report kr counseling krwa Lena. To ho sakta he. Problem solved ho jaye

Advocate Nadeem Sheikh LawRato