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Anju   05 March 2021

Muslim law

If a man is married to someone without his free consent, then how long does he have to wait to get a divorce in Muslim law?


Learning

 1 Replies

JINALI SHAH   13 April 2021

Hello, Anju

Sorry for the late reply by LCI.

A Muslim woman has many ways to get a divorce from her husband but now after the new amendments passed by the government there are very fewer options left for a Muslim man to seek divorce but if one goes through a proper procedure then divorce can be done.

But now as per the new Muslim law, a man can not instantly pronounce triple talaq and has to go through the following procedure. 

1st - The husband needs to inform the reason for the divorce to his wife and give her some time in case she makes the initiative to change. If the wife still does not change her behaviour then the husband has to use the process of conciliation and unform the wife's father or any other members.

2nd- Two persons have to act as arbitrators. 1 should be from the wife's side and the other should be from the husband's side. And both the arbitrators need to try to bring a settlement between the parties. Even if still there is no chance for them to reconcile or be together then only the husband can now opt to give talaq to his wife. 

Only after the above-mentioned procedure, a husband can give his wife a talaq in 2 ways in Hasan form or Sharan form. And now after the formation of a family court, a Muslim man must file a case òf divorce in a family court. 


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