Muslim law does not specify whether the mental illness affecting the husband needs to be incurable or not.

Wife Approaches Court for Divorce for Muslim Marriage

Last updated on May 3, 2022

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons:

Absence of Husband

  • When your husband has been missing for over 4 years.
  • When your husband goes to jail for 7 years or more.
  • When your husband fails to pay maintenance for 2 years.

Illness or Incapacity

  • When your husband is impotent.
  • When your husband is suffering from insanity or an incurable venereal disease.
  • If your marriage took place before the age of 15 years.

Ill-treatment

All these grounds are subject to certain conditions which you should consult a lawyer to understand more.

How useful was this post?

Click on a star to rate it!

Average rating 4.7 / 5. Vote count: 3

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Husband Wants Divorce for Muslim Marriage

Under Muslim law, the husband can simply divorce his wife by ending the contract of marriage. It is not necessary to approach the Court.

Ending a Muslim Marriage

There are two ways by which a marriage can end, either death of a spouse or divorce. Divorce for Muslims can happen without involving the Court as well.

Wife Wants Divorce for Muslim Marriage

The provisions for divorce to a marriage under Muslim law, when initiated by the wife, are known as khula and talaq-e-tafwid.

Mutual Divorce in Muslim Marriage

Both you and your spouse can divorce each other if you both do not want to continue in the marriage and wish to end all marital obligations.

Maintenance for Woman under Muslim Marriage Law

Under Muslim Marriage law, maintenance is paid by your husband to you and your children after the divorce has taken place.

Remarrying Your Divorced Wife in Muslim Marriage Law

Under Muslim law, if your husband wants to remarry you after a divorce then also you have to observe a period of iddat.