Can my husband apply for devorce against me
Nazeema sulthana shaik
(Querist) 06 September 2017
This query is : Resolved
Me and my husband not living together from 2011 december and i filed 498 a against him in april..2013
he is denying to stay together can he apply for devorce by stating this does he get devorce from me if i refuse to sign
Ms.Usha Kapoor
(Expert) 07 September 2017
Since you both are Muslims you can opt for Mutual consent divorce of either Khula or Mubarat.
arjungupta
The blog is about my thoughts and expressions.
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Divorce by Mutual Consent in Muslim Law – MUBARAT
March 22, 2015 arjungupta1993
INTRODUCTION
Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce. Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together.
There are two forms of divorce by mutual consent, in both the woman has to part with her property. One is the “khula” divorce and the other one is the “mubarat” form of divorce. In mubarat, the feature is that both the parties desire divorce. Thus, the proposal may emanate from either side. In mubarat both, the husband and the wife, are happy to get rid of each other . Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. The Shia law is stringent though. It requires that both the parties must bona fide find the marital relationship to be irksome and cumbersome. Among the Sunnis no specific form is laid down, but the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result. They also insist that the pronouncement must be in Arabic unless the parties are incapable of pronouncing the Arabic words. Intention to dissolve the marriage should be clearly expressed. Among both, Shias and Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required.
if your 498 A case is false Burden of proof will be on you to prove that your husband and in laws had indulged in domestic violence and cruelty against you. either for the sake of dowry or cruelty simplicitor.If the outcome is false your husband would get acquitted in 498A case.
and Or your husband may file contested case of desertion and cruelty of divorce against you according to section 2 a of Muslim Marriage Dissolution Act 1939 in Family Court and you can file maintenance petition u/s 125 Cr.P.C in family court.You can't claim maintenance for Khula and Mubarat form of Mutual consent divorce under Muslim Law.
P. Venu 
(Expert) 07 September 2017
Please post complete facts.
Adv. Yogen Kakade
(Expert) 07 September 2017
It is his legal right to file a divorce petition asking for divorce.
Guest
(Expert) 07 September 2017
If you can file a case against your husband, why do you feel that he cannot file any case against you, may be for divorce or any one else?
Better rely on your own lawyer, rather than asking a question when no such problem has arisen.
Dr J C Vashista
(Expert) 10 September 2017
I agree with expert Mr. PS Dhingra and Mr. Rajendra K Goyal.
Can anyone stop him filing case for divorce? Answer is simple and straight NO, in that case what is your doubt/query?
