How A Muslim Couple Can Get Divorce In India?

Under the Muslim Law, a marriage is dissolved either by the demise of the husband or wife or by divorce. As per the Law, after the death of a wife, the husband is allowed to remarry immediately, while the widow is not permitted to remarry until a specific time period called “Iddat” ends.

How A Muslim Couple Can Get Divorce In India

According to the Muslim law, the divorce may take place by the parties themselves or by a verdict of the court. However, there are two types of divorce under the Muslim law:

Extrajudicial divorce

  • By the husband: talaq, ila, and zihar.
  • By the wife: talaq-i-tafweez and lian.
  • By mutual consent divorce: A divorce can also take place by mutual agreement.

Divorce by Husband

Usually, both the parties have equal specific rights in the marriage contract. However, in Muslim Law, the husband’s right is far greater than that of the wife. The husband is capable of dissolving the marriage at his will. A Husband may divorce in the following ways:

Talaaq: This means “setting free” or “letting loose” from the marriage tie immediately or eventually.

Ila: where a husband in his senses takes a vow that he will refrain from all kinds of relationship with his wife.

Zihar: where a sane and adult husband compares his wife to his mother or any other woman within the prohibited relationships.

Divorce by Wife

A wife cannot get a divorce from her husband without his approval. She can, of course, acquire divorce from her husband and can have the marriage dissolved by Tafweez.

If the husband puts false charges of infidelity or unchastity against his wife, then this is considered character assassination. In that case, the wife gets the right to demand divorce on these grounds by Lian.

Judicial Divorce

Marriage may also be dissolved by court verdict under the Dissolution of Muslim Marriage Act, 1939. Under this Act, a wife may ask for a divorce by a court ruling on any of the grounds specified in the Act. The Act is only applicable to the wives married under Muslim law.

Woman’s Right To Divorce Under The Dissolution of a Muslin Marriage Act. 1939

 A Muslim woman may seek divorce on the following grounds, namely:

  • That the whereabouts of the husband have not been known for a time span of 4 years.
  • That the husband has been sentenced to imprisonment for a period of 7 years or more.
  • That the husband has neglected or has failed to provide her maintenance for a period of 2 years.
  • That the husband has been mentally ill for 2 years or is suffering from leprosy or a virulent form of venereal disease.
  • That the husband was impotent at the time of marriage and continues to be so.
  • That the husband has failed to fulfill his marital obligation for a period of 3 years.
  • The women, having been married off by her father or another guardian before she attained was 15 years of age, rejected the marriage before she turned 18.

However, it is best to seek legal advice from a qualified divorce lawyer who can help you navigate through such situations.