Muslim Divorce due to Non-Payment of Maintenance by Husband

Last updated on Apr 8, 2022

Under Muslim law, there are provisions for divorce due to non-payment of maintenance by the husband. 

If your husband has failed to provide maintenance to you for a period of 2 years, then you can go to Court to ask for a divorce.

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Comments

Sanobar Khan

February 4, 2024

I have question, at the age of 19 I got married. I never know what is marriage contact even meher. My parents told me the meher amount in just a formality and they added in my marriage contract. I never had any contract with my husband but verbally he promised me to finish his studies and provide us a better like. Now it’s being 10 years of my marriage. We have 2 kids , we are living in the accommodation which is provided by his company. We don’t have the bed to sleep. We sleep on floor . My husband never gives me any pocket money, and if he gives any money he takes back with some reason . He insults me in front of kids. I always stood by his side in his hard time . Now I’m wanting to end this marriage please pour your suggestions.

Alka Manral

May 30, 2024

You entered into a contract of marriage with your husband at the age of 19. This means you entered into a valid marriage with your husband despite being unclear about Mehr. This valid marriage can be dissolved through a divorce in two ways. First, you can take divorce under the grounds laid down in section 2 of the Dissolution of Muslim Marriages, of 1939. The ill-treatment by your husband may constitute adultery under section 2 (viii) (a). Second, you may apply for a divorce through “Khula”. You must return the Mehr amount to your husband and then apply for divorce. Khula can be applied for based on some grounds such as Cruelty, Failure to fulfill basic requirements, and Neglect.

The wife initiates the Khula process by sending a notice to her husband telling the intention to separate. The husband may agree or disagree with the notice. If he agrees, the Khula is granted, and the wife is required to return the Mehr. If the husband disagrees, the wife may file a petition for Khula in the family court. The petition must state the grounds for seeking the Khula and provide evidence.
The court will attempt to reconcile the couple through counseling or mediation. If reconciliation is not possible, the court will grant the Khula and specify the terms and conditions of the divorce, including the amount of compensation to be paid to the wife. Once the Khula is granted, the wife must return the Mehr/Dower.

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