What is the procedure for divorce under muslim law.

626 votes

There are two categories of divorce under Muslim Law a) Extra Judicial Divorce b) Judicial Divorce

a) Extrajudicial divorce: is a divorce granted outside a court of law by a non-judicial process. It is generally a divorce granted by a religious body such as the Islamic Talaq. In this process you need husband consent for divorce except if he accused you on false adultery charges

b) Judicial Divorce: under Dissolution of Muslim Marriage Act, 1939 Section 2 states the following

Grounds for decree for dissolution of marriage.—A 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:

1. the whereabouts of the husband have not been known for a period of four years; (i) that the whereabouts of the husband have not been known
for a period of four years;

2. the husband has neglected or has failed to provide for her maintenance for a period of two years; (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;"

3. the husband has been sentenced to imprisonment for a period of seven years or upwards; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;"

4. the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;"

5. the husband was impotent at the time of the marriage and continues to be so; (v) that the husband was impotent at the time of the marriage and
continues to be so;"

6. the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease;"

7. she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage
before attaining the age of eighteen years: (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years, Provided that the marriage has not been consummated; Provided that the marriage has not been consummated;"

8. the husband treats her with cruelty, that is to say,— (viii) that the husband treats her with cruelty, that is to say"

9. habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment,

10. associates with women of evil repute or leads an infamous life, or (b)
associates with women of evil repute or leads an infamous life,

11. attempts to force her to lead an immoral life, or (c) attempts to force her to lead an immoral life,

12. disposes of her property or prevents her exercising her legal rights over it, or (d) disposes of her property or prevents her exercising her
legal rights over it,

13. obstructs her in the observance of her religious profession or practice, or (e) obstructs her in the observance of her religious
profession or practice,

14. if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions
of the Quran;"



Disclaimer: The response to your query is general in nature not a legal advice 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.

Advocate Sameer Hussain LawRato

975 votes

we assume that your marriage was solemnized as per musim law, Though you have the option of Khula and Mubarat, the husbands consent is required. If he does not consent for the same, you have to take recourse to legal process. which will be advised on consultation.

LawRato LawRato

721 votes

You have 2 options to take divorce 1) By Islamic body 2) By Court

It is difficult for woman to obtain divorce by Islamic law but Court you have various grounds where you can obtain for divorce e.g. Cruelty, failure to perform family obligations, financial assistance to family etc.,

LawRato LawRato

565 votes

Shia man, who wishes to divorce, requires to make three declarations of divorce. Each declaration with interval of one menstrual cycle of wife and three declarations in three menstrual cycles (3 declarations not allowed in 1 menstrual cycle). If husband had intercourse with wife in
between that 3 menstrual period, divorce becomes void.

Each declaration requires two witnesses at each of three sessions of divorce pronunciation. In Shia Islam, the divorce process can be
revocable prior to 3rd declaration. Once 3rd declaration is pronounced
it’s irrevocable. Note that if wife is pregnant, she can’t be divorced, such divorces are void.

Disclaimer: The response to your query is general in nature not a legal advice 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.

Advocate Sameer Hussain LawRato

597 votes

Dear client if both husband and wife r ready for divorce then they can file mutual divorce. They will get divorce in six months in mutual divorce. It is easy and simple way to get divorce. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

715 votes

To dissolve marriage as per muslim personal law u need to file suit for divorce in the court of law. The time limit is not fixed how much time it take generally 6 month waiting period is there after that u get it.

Advocate Bharat Pandirao Pawar LawRato

560 votes

As per muslim personal law to get the divorce you need to file divroce case in court of law. You can get the amount of Mehar that u had received from her husband at the time of marriage. best wishes Thanks.

Advocate Bharat Pandirao Pawar LawRato

744 votes

Hi
You can proceed for divorce under the provisions of relevant laws.
You can apply for alimony in lump sum or monthly basis.
You can also seek relief and compensation under domestic violence act.

Contact for further legal advice

Advocate Rohit Shaligram LawRato

611 votes

There are many ways to prove and show to the court about the overall income of the husband though he may be in Dubai..

However, how much alimony will be given by the court is not sure but a substantial amount will be awarded for the future education and other expenses also.

Advocate Namitabh Kothari LawRato

758 votes

Hi what is problem that is important divorce or the black money. If going for divorce you have to file divorce and other relative case. I can only help when I have some info only I got that your sister live in Dubai having good income she got 2 kids and you r Muslim. Where does sisters husband lives where does 2 kids are that is important.

Advocate Mrutyunjay Mahendra Bhokhare LawRato

507 votes

Dear Client under muslim law which is basically uncodified law and most of the provisions are regulated under shariyat , quran etc religious holy books. even one sided triple talaqe is also allowed with mubaratnama i.e mutual divorce of both spouses.

Advocate M P Salunke LawRato