• Taking divorce in Muslim law

If someone (male) wants to take divorce (married from last 5 months) then what he has to do ... suppose if his wife don't want to give divorce ,then what he has to do...give me suggestion for both views
Asked 4 years ago in Family Law
Religion: Muslim

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21 Answers

You can divorce your wife as per Muslim personal law 

 

2) divorce should be preceded by attempts at reconciliation 

 

3) issue wife arbitration notice

4) if arbitration/ reconciliation fails issue wife 3 consecutive monthly divorce notices 

 

5) reasons should be mentioned for divorce 

 

6) pay wife maintenance during iddath period and return her Meher amount 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

The muslim man has to divorce wife as per the personal law he has to give notice to wife and after that if wife fails to mend the ways you can divorce her.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If he is a Muslim male he can take divorce as per sharia law except triple talaq which is illegal in India now

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear,

        Muslim divorce is govern by Muslim personal law. 

       The Muslim man does not have to cite a reason for divorce.

        If he wants to give divorce, he should send notice to his wife with reason of divorce

        , after not receive anything from wife, liable for divorce.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. A Muslim can give Triple deferred and not instant Talaq to wife as per Sharia law in presence of the Qazi and 2 witnesses and thereafter send her the Talaqnama and the Mehr amount, if any.

He can remarry as well without giving talaq to h wife since polygamy is allowed in Muslim religion. 

 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

You can give her divorce. By pronouncing talaq not instantaneously but as in talaq e hasan...once in a month that is still not illegal.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You have 2 available options,Extra judicial divorce.

ILA - there is no consummation for a period of four months. After the expiry of the fourth month, the marriage dissolves irrevocably.

And ZIHAR. - husband compares his wife with a woman within his prohibited relationship e.g., mother or sister etc.

Talaaq-i-ahasan

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Muslim law of marriage and divorce is a bit different from laws regulating marriage and divorce in other religion.

For Muslims, marriage is a social contract, and for marriage, divorce and remarriage they have to follow a procedure prescribed by their religious customs,

Rule of divorce: -

BY HUSBAND

  1. TALAQ: - Talaq means a release from the marriage tie, immediately or eventually. It is not necessary for him to obtain the prior approval of his wife for the dissolution of his marriage.

In order to pronounce a valid talaq, the husband must possess some qualifications, like he must be sound mind, who has attained the age of puberty is competent to pronounce talaq.

Different modes of talaq are: -

  1. Talaq-ul-sunnat: -

It a Talaq which is affected in accordance with the traditions of Prophet.

Which is further sub-divided into:

  1. Ahsan (Most approved mode of talaq)

Conditions to follow for this mode are: -

  1. The husband must declaration the formula of divorce in a single sentence.
  2. The declaration of divorce must be in a state of purity (tuhr);

(Tuhr means period when a woman is free from her menstrual course).

  1. He must abstain from intercourse for the period of iddat.
  2. Hasan (Good mode of talaq)

Conditions to follow this mode are: -

  1. There must be three successive declarations of the formula of divorce;
  2. In the case of the menstruating wife, the first pronouncement should be made during a period of tuhr, the second during the next tuhr and the third during the succeeding tuhr;
  3. In the case of the non-menstruating wife, the pronouncement should be made during the succeeding intervals of 30 days;
  4. No sexual intercourse should take place during these three periods of tuhr. If it takes place, no divorce shall happen.
  5. Talaq-ul-biddat (disapproved mode of talaq)
  6. Illa (vow of continence): -

Illa means where a husband was had attained majority and is of sound mind, swears by God that he will not have sexual intercourse with his wife and leaves the wife, to complete iddat he is said to make Ila. Thus, if a husband says to his wife, ‘I swear by God, that I shall not approach thee’, it is valid Ila.

Where the husband having made Ila abstains from intercourse with his wife for four months, the marriage is dissolved with the same legal results, as if there had been an irrevocable divorce pronouncement by the husband.

  1. Zihar (injurious assimilation)

If the husband who is sane and adult compares his wife with his mother or any female within a prohibited degree of relationship, then the wife has a right to refuse herself to him until he has performed wrongdoing. In default of expiation by the penance, the wife has the right to apply for a judicial divorce (mulla).

BY WIFE

  1. Talaq-e-tafweez ( talaq by the wife under the husband’s delegated power)

A husband may, either himself, repudiate his wife or delegated this power of repudiating her to a third party, or even to his wife. such delegation of power is called tafweez.

An agreement made either before or after the marriage providing that the wife would be at liberty to divorce herself from her husband under specified conditions such as,

  1. The husband marries a second wife or fails to maintain her for a specified period

Provided first, that the option is not absolute and unconditional; secondly, that the conditions are reasonable and not opposed to public policy.

BY MUTUAL CONSENT

  1. Khula (divorce at the request of wife)

A divorce by khula is a divorce with consent and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie. It signifies an agreement entered into for the purpose of dissolving a concubial connection in lieu of compensation paid by the wife to her husband out of her property.

Khula, in fact, is thus a right of divorce purchased by the wife from her husband.

  1. Mubarat (divorce by mutual agreement)

Mubarat is also a form of dissolution of marriage contract. It signifies a mutual discharge from the marriage claims.

In this mode of divorce, the offer may be either from the side od wife or from the side of the husband. When an offer mubarat is accepted, it becomes an irrevocable divorce and iddat is necessary.

BY JUDICIAL DECREE UNDER DISSOLUTION OF MUSLIUM MARRIAGE ACT, 1939

The wife could apply for the dissolution of her marriage only on the following grounds.

  1. Impotency of the husband
  2. Lian (false charge of adultery)

Where a husband charges his wife of adultery and the charge is false, the wife is entitled to sue for and obtain a divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You must mention reasons in divorce notice as to why you want divorce 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

' If he wants to give divorce, he should send notice to his wife with reason of divorce."

This concept has no support from Sharia law and hence requires to be ignored.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

As per sharia law there is no notice required from the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

A husband may divorce his wife by repudiating the marriage without giving any reason

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

He has to cite reason in the notice. See reason like wife is cruel not fulfilling marriage obligation such reasons has to be assigned.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 Give Talaq e Hasan to your wife.

The whole process of divorce will take 3 months.

You will have to pronounce Talaq for 3 consecutive months and if there's no resumption of sexual relationship for the said Period of 3 months, the divorce will be become absolute. You will have to return the amount of dower to your wife with the third proclamation of divorce.

Divorce can be pronounced in writing and can be despatched to wife through email/post.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

It is not necessary for husband to give any reason for his pronouncement. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

husband should issue talaq notice through Qazayat e Daftar(Head office qazi) . 

once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear

You have to send a notice for divorce with reasons on which you want divorce from your wife. 

And try to go for mediation if mediation fails you can give divorce by paying her mehr amount back and maintenance.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- A muslim male can get Divorce under the three ways :

1. Talaq i.e. Repudiation 2.Khulʿ , i.e by way of Mutual divorce,

3. Judicial divorce and oaths  , i.e. After fling a Petition for Divorce.

- Further, every Muslim husband of sound mind, is competent to pronounce talaaq.

- It is not necessary for him to give any reason for his pronouncement

- But, as per latest law, Triple Recitation of Talaq on one time/occassion is an offence.

- Better try for Khula i.e. Mutual Divorce. If, she not agreed , then you should sent her a notice /information for your desire for divorce.

- Further, if there is no response , then you should sent her three notice for Talaq with the proof of witnesses.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

As per the latest ruling the Muslim man cannot pronounce triple talaq.

The proposed law will be applied to only instant "Triple Talaq" or "Talaq-e-Biddat" which is irrevocable divorce and not on "Talaq-e-Sunnat" which is a revocable divorce.

Talaq-e-Sunnat" or "Talaq-ul-Raje" is a revocable divorce that can be pronounced in Hasan or Ahsan forms.

"Talaq-e-Ahsan" is the 'most proper' form of talaq in which the husband expresses divorce in single sentence - "I have divorced thee" - during the period of tuhr (when the wife is not menstruating) and then has to wait till the iddat period is over. Iddat period for a woman who has been divorced by her husband is usually three monthly periods and during this time, she cannot marry another man. If before the completion of iddat, the husband resumes co-habitation with his wife or says that "I have retained thee", the divorce is revoked.

In case the woman is pregnant, the iddat period lasts until she gives birth. The waiting period for a woman after menopause is three months.

"Talaq-e-Hasan" is the 'proper' form of talaq. In this form, three successive pronouncements of talaq are made by the husband in three successive tuhrs (when the woman is not menstruating). In case of a non-menstruating woman, its pronouncement may be made after the interval of a month or thirty days between the successive pronouncements. This form of talaq can be revoked any time before the third pronouncement.

The above is when the woman is not willing for divorce.

If she agrees for the proposal for mutual consent divorce, then then get divorced by 'khula'.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You may go through my previous post in which the procedure for divorce by Muslim man is given elaborately.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

A divorce can be pronounced by a muslim man by saying talaq during a 3 month period.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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