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MASTHAN (Self employeed)     02 November 2011

Divorce on the ground cruelity

Under what section a muslim MEN file divorce to his 498A wife (as per judicial) ?


For muslim women there is a provision ,under "Dissolution of Muslim Marriages Act 1939." 


But what is the provision for muslim MEN to file divorce on the ground of cruelity?




 4 Replies

Advocate Habeeb (Advocate High Court of A.P.)     02 November 2011

Granting of a Divorce


A Muslim husband can give talaq to his wife, either orally or in writing (talaqnama). However, to grant a divorce, the reasons for talaq and failure to reconcile need to be proved.

Talaq can also take place by way of Khula and Mubarat.

In case of a Khula, the wife initiates the divorce and foregoes her dowry or some of her property, in exchange for her husband's consent.

However, his consideration will not invalidate such a divorce.

When both husband and wife want to end the marriage, they can do so by mutual consent. This is known as mubarat.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2011

Under the Dissolution of Muslim Marriages Act, 1939 adultery as such is not a ground for divorce but husband’s association with women of evil repute or his leading an infamous life is a ground for divorce, though it amounts to cruelty under the Act.[57] In Parsi law, in particular, divorce will not be granted on the ground if the suit for divorce has been filed more than two years after the plaintiff came to know of the fact.

1 Like

MASTHAN (Self employeed)     02 November 2011

Hi Habeeb,

You are not understnaing my question. As I explained in my earlier posts

1. She filed false 498A and the same is pending before AP High court for quash

2. husband pronounced triple TALAQ (orally) in fornt of her, her relatives and KAZI (this happend in KAZI office)

3. Husband also sent TALAQNAMA and  MEHER to her through advocate

4. She replied to our TALAQNAMA , stating we are not accepting the TALAQNAMA and it is not valid and she is still legally wife and and sent back the MEHER DD.

5. Now we need a proof that we divorced her and she no more his wife.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 November 2011

Who is she to refuse talaaqnama dear?


search many HC has decided this question in your favor.





Shonee Kapoor

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