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 About Divorce
  
 Islamic View on Divorce
  
 Divorce Is Not The Answer
  
 Effects of Divorce
  
 After a Divorce
  
 Introspection
 
Type Of Divorce
  
 Talak
  
 Ta'lik
  
 Fasakh
  
 Khulu'
  
 
 


FASAKH
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Fasakh means to annul a marriage. A decision on fasakh may be made only by the Court after hearing the wife's complaint. Section 49(1) of the Administration of Muslim Law Act provides that:

"A married woman shall be entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds:-

  1. that the husband has neglected or failed to provide for her maintenance for a period of three months;

  2. that the husband has been sentenced to imprisonment for a period of three years or upwards and such sentence has become final;

  3. that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year;

  4. that the husband was impotent at the time of the marriage and continues to be so;

  5. that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;

  6. that the husband treats her with cruelty, that is to say -
    • habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
    • associates with women of ill repute or leads an infamous life;
    • attempts to force her to lead an immoral life;
    • obstructs her in the observance of her religious profession or practice;
    • lives and cohabits with another woman who is not his wife; or
    • if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; and

  7. on any other ground which is recognized as valid for the dissolution of marriage by fasakh under the Muslim law.