Legal rights of married muslim woman
pramod
(Querist) 03 March 2012
This query is : Resolved
RESPECTED EXPERTS,
WOULD LIKE TO KNOW APPROPRIATE PROCEDURES FOR DISSOLVING THE MARRIAGE OF MUSLIM WOMAN.GROUNDS ILL TREATMENT, PHYSICAL AND MENTAL ABUSE. NO ISSUES AND MARRIAGE LIFE LASTED TWO YEARS.
HENCE REQUEST YOU TO GUIDE ME ON THE SUBJECT.
THANK YOU ALL.
Raj Kumar Makkad
(Expert) 03 March 2012
Divorce by wife:
The divorce by wife can be categorized under three categories:
(i) Talaaq-i-tafweez
(ii) Lian
(iii) By Dissolution of Muslim Marriages Act 1939.
Talaaq-i-tafweez or delegated divorce is recognized among both, the Shias and the Sunnis. The Muslim husband is free to delegate his power of pronouncing divorce to his wife or any other person. He may delegate the power absolutely or conditionally, temporarily or permanently . A permanent delegation of power is revocable but a temporary delegation of power is not. This delegation must be made distinctly in favour of the person to whom the power is delegated, and the purpose of delegation must be clearly stated. The power of talaaq may be delegated to his wife and as Faizee observes, “this form of delegated divorce is perhaps the most potent weapon in the hands of a Muslim wife to obtain freedom without the intervention of any court and is now beginning to be fairly common in India”. This form of delegated divorce is usually stipulated in prenuptial agreements. In Md. Khan v. Shahmai , under a prenuptial agreement, a husband, who was a Khana Damad, undertook to pay certain amount of marriage expenses incurred by the father-in-law in the event of his leaving the house and conferred a power to pronounce divorce on his wife. The husband left his father-in-law’s house without paying the amount. The wife exercised the right and divorced herself. It was held that it was a valid divorce in the exercise of the power delegated to her. Delegation of power may be made even in the post marriage agreements. Thus where under an agreement it is stipulated that in the event of the husband failing to pay her maintenance or taking a second wife, the will have a right of pronouncing divorce on herself, such an agreement is valid, and such conditions are reasonable and not against public policy . It should be noted that even in the event of contingency, whether or not the power is to be exercised, depend upon the wife she may choose to exercise it or she may not. The happening of the event of contingency does not result in automatic divorce.
Lian: If the husband levels false charges of unchastity or adultery against his wife then this amounts to character assassination and the wife has got the right to ask for divorce on these grounds. Such a mode of divorce is called Lian. However, it is only a voluntary and aggressive charge of adultery made by the husband which, if false, would entitle the wife to get the wife to get the decree of divorce on the ground of Lian. Where a wife hurts the feelings of her husband with her behaviour and the husband hits back an allegation of infidelity against her, then what the husband says in response to the bad behaviour of the wife, cannot be used by the wife as a false charge of adultery and no divorce is to be granted under Lian. This was held in the case of Nurjahan v. Kazim Ali by the Calcutta High Court.
Nadeem Qureshi
(Expert) 03 March 2012
Dear pramod
1. A Mohammedan Marriage may be dissolve at the instance of the wife, by a decree of the court in accordence with the provision of the dissolution of Muslim marriage Act(VIII of 1939) and the courts are in a position of Qazi. for filing a suit genral procedure is applicable and no special procedure prescribed.
according to section 2 of the act provide 9 grounds under which a Muslim wife can obtain a decree for the divorce/dissolution of marriage. the grounds are:
(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 consumated;
(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,
Provided that:
(a) no decree passed on ground (i) shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and
(b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground.
2. Talaq by wife and husband:
A) Talaq-e- Tajweej
feel free to call
pramod
(Querist) 04 March 2012
Dear Raj Kumar and Nadeem Sir,
Thank you very much for all relevant inputs of accurate provisions of respective laws.
Once again thank both of you Experts.
Regards
Pramod
Shonee Kapoor
(Expert) 04 March 2012
Never mention.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
