Muslim man or woman can file divorce

In India, a Muslim man or woman can file for divorce under the following provisions:

For Muslim Men (Talaq)

1. Talaq-e-Ahsan: The most approved form of Talaq, where a man pronounces Talaq once and refrains from cohabiting during the Iddat period (three menstrual cycles). If the couple resumes cohabitation during this period, the Talaq is revoked.

2. Talaq-e-Hasan : The husband pronounces Talaq three times, during successive periods of purity (Tuhr), with no cohabitation during these periods.

3. Talaq-e-Biddat : An instant and irrevocable form of divorce where the husband pronounces Talaq three times at once. This practice was declared unconstitutional by the Supreme Court of India in 2017.

For Muslim Women (Talaq)

1. Khula : A woman can seek divorce by offering compensation to the husband. This is done when the husband agrees to release the wife from the marriage in exchange for a financial consideration.

2. Faskh : This is a judicial divorce where a woman approaches the court to dissolve the marriage on specific grounds like cruelty, non-maintenance, impotency of the husband, etc.

 Under the Dissolution of Muslim Marriages Act, 1939, a Muslim woman can also seek a divorce on the following grounds:

- The husband has been missing for four years.

- The husband has failed to provide maintenance for two years.

- The husband has been sentenced to imprisonment for seven years or more.

- The husband has failed to perform his marital obligations for three years.

- The husband was impotent at the time of marriage and continues to be so.

- The husband is insane, suffering from leprosy, or a virulent venereal disease.

- The wife was married before she attained the age of fifteen years, provided she repudiates the marriage before the age of eighteen years.

- The husband treats the wife with cruelty.

 Under The Family Courts Act, 1984

- Both Muslim men and women can file for divorce before the Family Court, which handles all family-related disputes, including divorce, maintenance, and custody issues.

These provisions are applicable to Muslim men and women, enabling them to seek legal remedies for divorce through the Family Courts in India.