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SANJAY DIXIT (Advocate)     14 February 2008

Grounds for Divorce in Muslim Marriages for Women

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, namely:

    1. that the whereabouts of the husband have not been known for a period of four years;
    2. that the husband has neglected or has failed to provide for her maintenance for a period of two years;
    3. that the husband has been sentenced to imprisonment for a period of seven years or upwards;
    4. that the husband has failed to perform , without reasonable cause , his marital obligations for a period of three years;
    5. that the husband has impotent at the time of the marriage and continues to be so;
    6. that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
    7. 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;
    8. Provide that the marriage has not been consummated;

    9. that the husband treats her with cruelty, that is to say.—
    1. habitually assaults her or makes her life miserable by cruelty of conduct does not amount to physical ill-treatment, or
    2. associates with women of evil repute or leads an infamous life, or
    3. attempts to force her to lead an immoral life, or
    4. disposes of her property or prevents her exercising her legal rights over it, or
    5. obstructs her in the observance of her religious profession or practice, or
    6. if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;
    1. on any other ground which is recognized as valid for the dissolution of marriages under Muslim law;

Provide that—

    1. no decree shall be passed on the ground (iii) until the sentence has become final;
    2. a decree passed on ground (I) shall not 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 authorized agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
    3. 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 satisfies the Court within such period, no decree shall be passed on the said ground.


 8 Replies

anupam_advocate (n/a)     15 February 2008

thanx sanjay

SANJAY DIXIT (Advocate)     15 February 2008

WELCOME............. Regards-- Sanjay Dixit

anupam_advocate (n/a)     16 February 2008

plz tell me about" khula " in muslim law

SANJAY DIXIT (Advocate)     16 February 2008

KHULA => Khula or redemption literally means to take off clothes. In law, it means laying down by a husband of his rights and authority over his wife. Thus " A divorce by Khula" is a divorce with the consent and at the instance of the wife, in which she gives or agrees to give consideration to the husband for her release from the marriage tie.

anupam_advocate (n/a)     18 February 2008

plz tell me about "halala" by muslim women

SANJAY DIXIT (Advocate)     08 May 2008

If a Muslim women seeking marriage again with divorced husband, she needs to get married with third person n seek divorce from that husband ; it is called "HALALA". A Muslim wife can remarry her husband again. But for that there is one condition precedent. As stated in Mullah's "Principles of Mohammedan Law : where husband has repudiated has his wife by three pronouncements, it is not lawful for him to marry her again until she has married another man, and latter has divorced her or died after actual consummation of the marriage." Thus, she can marry only after she marries another person and gets divorce from him and marry her original husband.
1 Like

Ninad (student)     19 May 2008

did 'maheer' will took writen after talak???....

kanishk agarwal (trainee)     22 October 2009

please tell me is halala necessary to re-marry the first husband? if yes, is divorce wih second husband valid without consumation?

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