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Procedure in case wife willing to give divorce, but husband not ready
22-Nov-2023 (In Muslim Law Law)
I am a Sunni Muslim, married in 2004 and no children. For last 6 months my wife is threatening me with divorce. Can she get divorce even if I don’t accept?
Yes, she can initiate divorce proceedings without your consent if her divorce ground falls in below reasons and there are 2 ways for a Muslim Woman to obtain divorce from her husband
1. Personal Sharia Law
if husband accuses wife for adultery or if husband delegates his right of giving divorce to wife, in those circumstances wife doesn’t require husband permission for divorce.
2. Dissolution of Muslim Marriage Act, 1938
a. Husband suffering with impotency and the impotency persists
b. Husband is missing for 4 years
c. Husband neglected and fails to maintain wife for 2 years
d. Husband suffering leprosy or a virulent venereal disease
e. Under age marriage i.e. before wife attaining 15 years
f. Cruelty towards wife Hope this information help you
Hope this information helps.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
1. Personal Sharia Law
if husband accuses wife for adultery or if husband delegates his right of giving divorce to wife, in those circumstances wife doesn’t require husband permission for divorce.
2. Dissolution of Muslim Marriage Act, 1938
a. Husband suffering with impotency and the impotency persists
b. Husband is missing for 4 years
c. Husband neglected and fails to maintain wife for 2 years
d. Husband suffering leprosy or a virulent venereal disease
e. Under age marriage i.e. before wife attaining 15 years
f. Cruelty towards wife Hope this information help you
Hope this information helps.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
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Adv. Sameer Hussain
Hyderabad | 100+ Answers
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As per the Sharia law, there is no provision for a wife to obtain divorce IF the husband does not accept it. There is a remedy under the Indian law for such women under the Muslim Women Act, 1939 to obtain divorce on certain grounds viz. cruelty, desertion,etc. That is obviously by filing an OP before the concerned family court by making you as respondent and she has to prove the allegations in the court to obtain divorce failing which the case will be dismissed.
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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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