Hi My friend who s a Muslim got married in 2016. In one week of marriage the girl and in law had some argument and she left the house . She refused to come back to the guys house after repeated attempt for over a year and half and insisted the guy to leave his family accused him of having affairs In Feb 2018 , my friend tried to apply for divorce but the lawyer said a Muslim man cannot file divorce and it has to be dealt with in the Muslim community In May 2018 he reached the community and asked for divorce but now the girl refuses to give divorce and says she wants to come back and file a case if he refuses to live with her How can this be handled
Sir he can approach police and can register a complaint stating complete facts that the girl is intimidating him for false cases if he doesnot agree to live with her because she deserted him.
Further he can give her notice of divorce and then take divorce according the Muslim personal law.
He has to give her Talaq as per the seria system. He cannot file a case as there is no provision in Sharia law.
Isn't Talaq banned now? Can a Muslim man file for divorce ! Another lawyer said the divorce can only be filed by the woman and not man He is now refusing to live with her after one year of embarrassing situation as she refused to come however now she wants to come back. Is that acceptable reason to file divorce
Sir triple talaq is only banned other then that there are other form of talaq in the muslim law.
No muslim man cannot file for divorce in court he can only file for declaration after obtaining talaq.
yes the lawyer is correct muslim women can only file divorce in court under section 3 Dissolution of Muslim Marriages Act 1939.
Yes it is he can give a notice of desertion and can take divorce. Refer the article below for forms of the divorce under muslim law
http://www.legalserviceindia.com/article/l393-Divorce-under-Muslim-Law.html
1)divorce should be pereceded by attempts at reconciliation
2) issue wife arbitration notice
3) if arbitration / reconciliation fails you can divorce your wife as per Muslim personal law
4) issue wife 3 consecutive monthly divorce notices
5) mention reasons for divorce
6) return wife Meher amount and pay her maintenance during iddath period
Wife has deserted husband 7 days after marriage . Wife refusing to stay with husband after marriage amounts to cruelty and you can divorce her as per Muslim personal law
1. The instant triple talaq is banned and not the triple talaq which is done on 3 separate occasion which is prescribed by Sharia.
2. So your friend can still visit the registered Quazi and give her triple talaq on three separate occasion in presence f 2 witnesses.
1. A muslim male has to divorce according to Shariah.
2. Only instant triple talaq i.e talaq-e-biddat has been banned. The lawyers have rightly advised your friend.
Dear Client,
Few forms are available to Muslim men to get diovrce without going to court i.e Ila and Zihar.
In Ila, the husband takes an oath not to have sexual intercourse with his wife. Followed by this oath, there is no consummation for a period of four months. After the expiry of the fourth month, the marriage dissolves irrevocably.
Zihar - In this mode the husband compares his wife with a woman within his prohibited relationship e.g., mother or sister etc. The husband would say that from today the wife is like his mother or sister. After such a comparison the husband does not cohabit with his wife for a period of four months. Upon the expiry of the said period Zihar is complete.
Triple talak ( talak e biddat ) is declared unconstitutional.
If the situation is in tolerable and he insists on divorce alone, let him first issue a legal notice to her demanding her to return to the matrimonial fold immediately within 7 days from the date of receipt of this notice.
If she fails to respond to the notice or do not want to comply with the demand made, he may decide to approach a Qazi of a Mosque nearby, express his desire to pronounce talak as per Islamic procedures and to endorse his signature as witness to the talak information in writing to be sent to her.
This will confirm the divorce process.
But he should be beware that she may file false cases on dowry harassment and domestic violence as well as maintenance cases agaisnt him as a retaliation to this decision.
He should take precautions accordingly in such an event.
Isn't Talaq banned now? Can a Muslim man file for divorce ! Another lawyer said the divorce can only be filed by the woman and not man
That lawyer is right in his opinion. A Muslim male cannot file a divorce petition before court as per Dissolution of muslim marriage act, only Muslim female is entitled to approach court in that regard.
The Talaq is not totally banned, only the instant talaq has been proposed to be banned.
He is now refusing to live with her after one year of embarrassing situation as she refused to come however now she wants to come back. Is that acceptable reason to file divorce.
For Talaq he need not give any reason, however he can very well mention in the letter about her torments in the past after marrying her.