Shahin 14 June 2023

Women divorce under Muslim law

Can women initiate the process of divorce under Muslim law considering her husband married for a second time without any prior intimation & thus never communicate with first wife for last 2 years?
She has one son and two daughters.

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Quick Summary

This discussion addresses whether women can initiate divorce proceedings under Muslim law, particularly when a husband remarries without informing his first wife and has been absent for two years. While a second marriage alone isn't grounds for divorce, a woman can approach the civil court. She may file a case under Section 2 of the Dissolution of Muslim Marriages Act, 1939, if specific conditions related to polygamy and inequitable treatment are met.

3 Replies

Shashi Dhara 14 June 2023

Yes she can ,she can approach civil court .

T. Kalaiselvan, Advocate (Advocate) 14 June 2023

She can file a divorce case under section 2 of the Dissolution of Muslim marriage act, 1939 if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;, but second marriage itself cannot be a reason for divoce.

Shweta Bharti (--) 14 March 2026

Hello, Shahin.

I see that your query is related to The Muslim Personal Law (Shariat) Application Act, 1937, and Lawyers Club India (LCI) offers specialized classes on this subject to enhance your practical understanding and overall knowledge.

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Visit the given link to our course and enroll to gain valuable insights that will strengthen your legal knowledge as well as your practical understanding. which will help you understand your situation in the court and take informed decisions.

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SHWETA BHARTI

ADVOCATE- DEHRADUN, UTTRAKHAND