Grounds on Which a Female Can Apply For Dissolution of Marriage in Muslim Law

Grounds on Which a Female Can Apply for Divorce in Muslim Law

Divorce itself is the most hated but permitted thing to Allah almighty. Allah has created man and women in pairs. The simple way to end the bond is to get divorce. However, females are often confused on which grounds they can easily get divorce and get rid of any abusive, and toxic relationship. This Article may help you in resolving some of your questions related to Khula or Divorce as well.

There are following grounds on which a woman who is married under Muslim law can get divorce ( Apply for dissolution of marriage through court).

1: Missing Husband:

When the husband is missing for more than 4 years and the wife or any of his or her relatives don’t know the whereabouts of the husband. In such case, a wife can apply for dissolution of the marriage through court and get a decree of Divorce. The notice for the suit will be served on the heirs of the husband with their names and addresses mentioned in such cases. The paternal uncle, father, brothers of the husband can be a party to such suits even if they are not heirs to husband. However, in all such cases there is some exception under Section 2 (ix)(a) that if a women get a decree through this way, the decree passed on such grounds shall not take effect for a period of 6 months. In these 6 months, if husband or any of his relatives or agent came and claim that he is not missing or absent anymore, and satisfied the court that he is willing to perform his conjugal rights, no such decree will be effective.

2: Maintenance Issues:

Under Sec 2 (ii), a wife can apply for the decree to dissolve her marriage on the grounds of failed maintenance. To provide maintenance to his wife and family is the basic duty of the husband and a right to wife. However, if a husband failed to provide such maintenance for a period of 2 years, female can apply for the dissolution of marriage on such grounds.

3: Additional Wife:

In case, a husband without the permission of the arbitration council under Muslim Family Laws Ordinance 1961 (SEC 6) has taken an additional wife, the first or all wives (If more than one) can apply for the dissolution of marriage on such ground. Sec 2 (ii-A) Dissolution of Muslim Marriages Act 1939

4: Imprisoned Husband:

In case, husband is sentenced to imprisonment for seven years or more than seven years, the wife of such husband can apply for the dissolution of marriage under law.

5: Failed to Perform Marital Obligations:

If a husband neglected or failed to perform his marital obligations without any reasonable cause for a period of 3 years, the wife of such husband can apply for the decree of dissolution of marriage under The Dissolution of Muslim Marriages Act 1939.

6: Impotent Husband:

In case, husband is impotent at the time of the marriage or became impotent after sometime and continues to be, wife can apply for dissolution of marriage under such ground. However, if the husband applies in the court, and the court on such application by husband shall give him a period of 1 year, under such period if the husband satisfies the court that he is medically fit and ceased to be impotent, no decree shall be passed on such ground.

7: Mental Issues:

If a husband is suffering from leprosy, or any other venereal disease or remain insane for a period of 2 or more years, his wife can apply for the dissolution of marriage on such ground.

8: Forceful and Underage Marriage:

In case, a female has been given to marriage by his father or guardian before she attained the age of 16 years, she is entitled to apply for dissolution of marriage on the said ground before reaching to the age of 18 years. However, if the marriage is consummated no such ground, is application. Therefore, the Consumption of marriage is a term to this ground.

9: Cruel Husband:

If a husband treats his wife with cruelty and makes her life miserable, habitually assaults her, abuse her verbally or physically, the wife of such man is entitled to apply for the decree for dissolution of marriage under the said law. However, to be clearer, the physical ill treatment is not a compulsion under such ground, she can apply for the said ground in case of mental abuse too.

10: Extra Marital Affairs with Evil Reputed Females:

If a husband is associated with any women other than his wife, and the women the of evil repute and spending an immoral life, the wife can apply for the dissolution of marriage under section 2(viii)(b) of the Dissolution of the Muslim Marriages Act 1939.

11: More than 1 wife:

In case, if husband is married to more than on females and do not treat them equally according to the injunctions of Islam, the wife or wives of such husband can apply for the dissolution of such marriage under Muslim Law on said ground.

12: Other Grounds:

If a husband disposes of his wife her property or prevents her from exercising her legal rights on such property, she can apply for dissolution of marriage under such ground.

Further, in case if a husband stops his wife from performing her religious duties or rituals, attempts to force her lead an immoral life, or any other ground which is recognized, the wife of such husband is entitled for the dissolution of the marriage under said grounds.

If Female Convert to another faith, the marriage will be resolved on its own?

No, such marriage will not be resolved on its own. If the wife embraces any other faith than Islam, then such renunciation of Islam by Muslim married women does not itself operate to dissolve her marriage under Sec 4 of the Dissolution of the Muslim Marriages Act 1939. However, such renunciation is the ground on which she can apply for the decree of dissolution of marriage. Moreover, there is another exception to this section which is if the women embraced Islam from some other faith and then renounce it and converted to her former faith, then, this provision shall not be applicable to such women.

In all above-mentioned grounds, the right to dower ( HAQ- MEHAR) will not be effected for such women under this act.