Legal Advice

Divorce in Muslim law if wife does not agree to accept divorce

Query

Divorce in Muslim law if wife is refusing to accept the divorce. I am a Muslim man and I have differences with my wife from last couple of months. Now I want to divorce her but she is not agreeing. I have no child and I am working in Banking sector. Kindle advice how to divorce my wife if she does not accept divorce? Can I marry second girl without divorcing her or is it mandatory that first I give divorce? Whether she must accept my divorce first then I can marry?

Advice

Muslim husband has exclusive right to divorce his wife without her consent. Consent of wife does not matter in respect of divorce. The nature of Muslim marriage is contractual hence, consent of husband and wife is mandatory for the marriage. But the consent of wife is not mandatory for divorce. Husband can divorce his wife without obtaining her consent.

Divorce in Muslim law inclined in favor of husband. Husband cannot exercise this right in arbitrary manner and give divorce on petty issues. However, wife has no option except to accept the divorce but she expects that there should be a valid reason behind dissolution of marriage. There is differences between you and your wife. If these differences have such a magnitude that end of marital relation is the only option then you can divorce your wife.

This is your first marriage. According to Muslim personal law, you can contract second marriage without divorcing the first. Your first wife can live separately and claim certain amount of maintenance. Later on you divorce your first wife. So, you can contract second marriage if she is not agree to accept divorce. Your second marriage will not affect your service.

Service rule does not interfere in the personal law of employees. If personal law of employee entitles him to contract second marriage in subsistence of first then he can do so. Hence, you will not face any disciplinary proceeding only for contracting second marriage.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Divorce Cases

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