What is the procedure for divorce under muslim law.

298 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;"



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350 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.

162 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.,