Lead India: Can A Muslim Women File A Divorce Case?

Friday 5 August 2022

Can A Muslim Women File A Divorce Case?

Divorce in particular- is a process of judicial separation processed by the legal termination of a marriage when the wife decides to get separated from her husband rather than living together, due to never ending personal disputes. 

Divorce under the Muslim personal laws can be either is initiated by the act of a husband or wife.

Divorce in Muslim personal laws, in accordance is of different types:-  

Extra-judicial Divorce, under the category of extra judicial divorce can be further subdivided into three wings: 

By husband- 

  • Talaq
  • Ila
  • Zihar

By wife- 

  • Talaq-i-tafweez 
  • Lian

By mutual agreement- 

  • Khula  
  • Mubarat

Judicial Divorce, this is headed by two categories

  • The right of the wife to give divorce
  • The Dissolution of Muslim Marriages Act 1939.

Divorce by wife: Under Muslim Laws of 1939

A Muslim woman can easily give divorce under (an extra-judicial divorce procedure or through judicial Procedure). 

Now we’ll expand our point to the procedure according to the personal laws. Where a Muslim women in India can get a divorce from their husbands.

Three types of wife-induced divorces can be identified:

Extra-judicial Divorce

Talaq-i-tafweez: Talaq-e-tafweez or delegated divorce is recognized in both the Shias and the Sunnis. Delegation of divorce power may be given even in the post marriage agreements.

Where under an agreement if it is stated that, if the husband fails to pay her maintenance or having a second wife, the 1st wife will have a right of pronouncing divorce for herself, and such an agreement is valid.

The court held that the power to give divorce, which primarily belongs to the husband, may be delegated upon the wife either absolutely or conditionally, subject to the agreement of their marriages. 

Lian: Lian can be described as the wrong charge of adultery on a wife by her husband. 

When a husband imposes false adultery charges on his wife, then a wife can sue him and can also obtain a divorce on the same ground under the Act, by filing a regular suit for dissolution of marriage with the help of the lawyer.

Judicial divorce

Dissolution of Muslim Marriage Act, 1939, states, nine grounds on which a Muslim wife can obtain a decree of divorce.

Section 2 of the Act says:

When the husband's whereabouts are unknown, a woman married under Muslim law is able to obtain a divorce decision for the dissolution of her marriage on any one or more of the following reasons.

  • When the whereabouts of the husband isn't always known.
  • When the husband has not held the spouse for greater than 2 years.
  • When the husband is sentenced to jail.
  • When the husband is impotent.
  • When the husband suffers from leprosy, virulent venereal infections, or is insane
  • When the wedding is repudiated.
  • When the spouse is subject to cruelty with the aid of using her husband.
  • When the spouse is falsely accused of adultery.
  • When the partner has transformed to some other religion.
  • Other ways where a wife can seek divorce under Muslim law can be
  • Khula & Mubarat: Mutual Consent Divorce

A remarkable 2021: Kerala high court Pronounced Right to give Divorce to their husband by wife under (JUDICIAL DIVORCE), by turning down the 5 decades ruling. 

Are you looking for a Divorce Lawyer In Delhi

Lead India believes in fighting for client rights & providing transparency while serving our customers to the best with our Legal professionals from Delhi who are experts in different legal corners like Divorce lawyers in Delhi, Child Custody Lawyer In Delhi to help the client subject to their personal governing laws & protecting their rights & interest. 

For example, if you are looking to file for your divorce in Delhi you must seek Proper Guidance about all the legal implications under Muslim law before filing your divorce in court,  from a best Muslim Divorce Lawyers In Delhi, to avoid any problem and hassle in the future.  

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