Right to Divorce of Muslim Wife

Right to Divorce of Muslim Wife / Right to Divorce of Muslim Wife: - Muslim wife also has the right to divorce as follows - (1) Divorce - E-Tafweez / Delegated Divorce / Delegated Talaq: - A Muslim husband can delegate the right to divorce a person. Such a person can also be a wife herself. When a wife divorces under this right, it is called a divorced divorce. (2) Divorce by consent / Talaq by mutual consent: - Under this comes the following divorces - (A) Open: - When wife proposes divorce and husband gives consent and wife also provides some consideration for consent, it is called open. It has the following requirements - (1) Husband and wife should have adult and healthy mind. (2) The marriage is proposed to be severed by the wife and accepted by the husband. (3) Some money has been given by the wife to the husband for the consent of the separation of marriage. (4) Consent is given by both husband and wife. (B) Mubarat: - In Mubarat, either of the wife or husband can propose divorce and the other party can accept it. And no consideration is given in this. (3) Divorce by Court / Divorce by Court: - According to section 2 of the Muslim Marriage Separation Act, 1939, the court can grant a decree of divorce to the Muslim wife in 9 cases - (1) If husband is missing for four years or more. (2) When the husband neglects to feed his wife for two years or more. (3) When the husband has been sentenced to seven years or more and has become final. (4) When the husband fails to perform marital obligations for three years or more without reasonable cause. (5) If the husband has been impotent since the time of marriage and remains impotent till the application of divorce. (6) If the husband has been continuously mad for two years or has been suffering from leprosy or has been suffering from extreme venereal disease. (7) When the wife exercises her right to 'substitute for Yovanagam': - When a woman is married by a guardian other than the father or grandfather and the wife is less than 15 years old at the time of marriage, the wife has the right to complete the age of 15 years and before 18 years of age. If he wants to approve of marriage, even if he does not marry at the will of his wife, it is called the option of marriage. (8) On cruelty by husband. (9) Other grounds such as making false accusations of adultery etc.