• Muslim Divorce on medical grounds

I was married 6months ago, girl was 30. In in March she stopped having periods so the last period she had was in Feb.
After medical investigations it was reveled that she had a huge Ovarian cyst which was operated in 2018 which resulted premature Ovarian failure. We were unaware of these medical condition at time of marriage.
Is intertitle women is a valid ground for Talaq, moreover pre existing medical conditions were not disclosed before marriage.
Kindly guide.
Asked 4 months ago in Family Law
Religion: Muslim

3 answers received in 2 hours.

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10 Answers

For Triple talaq ni reasons are required. 

However it must be deferred talaq as instant triple talaq is crime and is invalid 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

For pronouncing talak a Muslim man need not specify the grounds especially the medical grounds or the cruelty grounds as a reason for pronouncing talak to dissolve his marriage solemnised as per Muslim personal laws.

Talaq Hasan (Proper):

This Talaq is also regarded to be the proper and approved form of Talaq. In this form too, there is a provision for revocation. But it is not the best mode because evil words of Talaq are to be pronounced three times in the successive Tuhrs.

 if it becomes impossible to resolve disputes between the husband and wife then the Holy Quran itself provides for the procedure to be followed for the dissolution of marriage in an amicable manner that too with a possibility of revocation of the same.

Talaq-Ahsan:-

This is the most proper form of repudiation of marriage. The reason is twofold: First, there is possibility of revoking the pronouncement before expiry of the Iddat period. Secondly, the evil words of Talaq are to be uttered only once. Being an evil, it is preferred that these words are not repeated. In the Ahsan Talaq there is a single declaration during the period of purity followed by no revocation by husband for three successive period of purity

 

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

It may be noted that the characteristic feature of the Ahsan form of Talaq is a single pronouncement followed by no revocation during the period of three month’s Iddat. Therefore, where a husband makes any declaration in anger, but realising his mistake afterwards, wants to cancel it, there is sufficient time for him to do so. Single pronouncement of the civil words of Talaq and sufficient opportunity to the spouses for reconciliation, are the two reasons for calling this form as the ‘most proper’ form of Talaq.

The Supreme Court's decision leaves two forms of talaq – Talaq-e-Ahsan and Talaq-eHasan untouched.

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

You can issue divorce notice to your wife that she has hid her pre existing medical condition at time of marriage 

 

issue wife three consecutive monthly divorce notice 

 

pay her Meher amount 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

You can issue wife arbitration/ reconcilation notice 

 

later issue 3 consecutive monthly divorce notices 

 

mention reasons for divorce

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Divorce can be taken on these grounds ie pre existing medical conditions not disclosed to the party before marriage.

 

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

It is a ground for divorce.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

The problem is you showcase to know lot of things when you know nothing about Muslim divorce. 

Both talaq e Hasan and talaq e biddat are triple talaq.

While first one is deferred triple talaq , most proper in India after the recent decision of Supreme Court of India: the second one is instant one and not recognize in India. 

If you think you know lot of things about law than start teaching in law colleges than asking for replies from us. 


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Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

Dear Sir,

1. Talaq-e-ahsan may be pronounced even without any reasonable cause. You must make a single pronouncement during the Tuhr of the wife. Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the period of Tuhr is the period during which cohabitation is possible. But if a woman is not subjected to menstruation, either because of old age/pregnancy/infertility, a Talaq against her may be pronounced any time.

2, However in Talaq-e-Ahsan, you must pay full amount of dower 

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

-  Infertility is defined as not being able to become pregnant after having regular intercourse (sex) without birth control after one year or after six months , if a woman is 35 years or older.

- Further, under the Muslim Law , Infertility can be a ground for divorce i.e. in Muslim Personal Law, a wife's barrenness is a major ground for divorce if a husband wishes it to be so.

- Hence , if she has not completed the age of 35 then legally she can challenge the divorce /talaq in court. 

- Further, if she has concealed this facts from you malafidely even she was knowing the same , then it may be a ground for declaring the marriage as null and void. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

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