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Abhishek kumar   23 January 2021

divorce in muslim

Sir/ma’am, in a Muslim marriage is it possible for the woman to divorce her husband within a short period of time. If the girl is not suitable with the boy can it be used as a Ground for the Divorce? If yes, please verify whether the girl is eligible to ask for the maintenance or not? I contacted a local lawyer for the same and he is saying that the divorce will be completed in three stages, but I don’t know how much of it is true. Please provide a basic time period which might be consumed in this Divorce case. 002.)


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 1 Replies

Mansi Aggarwal   26 January 2021

Hello,

to answer your first question, a woman cannot divorce her husband within a short period of time under Muslim law, as Islam insists that breach of marriage contract shall be avoided. 

A woman can dissolve marriage through their personal Sharia law or by other statutory provision under Dissolution of Muslim Marriage Act, 1939.

Lian which is an allegation of adultery to the wife by the husband. Marriage subsists till a decision is passed by a judge. The procedure of this takes time, and cannot be done quickly. First husband puts an allegation of adultery upon wife, then a regular suit is filed by the wife. Wife is entitled to divorce if her innocence is proven.

Under Dissolution of Muslim Marriage Act, 1939  divorce can be granted if husband has neglected to provide for wife's maintenance for a period of 2 years. This may solve your query regarding if girl is not suitable with the husband.

Cruelty toward wife can also be a ground for divorce under the Act. Cruelty means when the husband assaults his wife habitually. If he attempts to force her to live an immoral life, obstructs her religious practice, disposes of her property then this also comes under cruelty.

Also to elaborate on your query:

Muslim women have following rights after divorce:

1. an amount equal to the sum of dower at the time of marriage or after marriage by her relatives or the husband.

2. a reasonable and fair provision and maintenance has to be made and paid by her husband where she is maintaining the children born to her before or after her divorce. Maintenance has to be provided for 2 years from the respective dates of birth of children.

3. a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband.

4. all properties given to her before or at the time of marriage or after her marriage.

Hope this solves your query.

 


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