🚪 Divorce, ʿiddah & rujuk · #10
What grounds can be used for fasakh?
Judicial dissolution (fasakh) may be applied for on grounds recognised by law, including the husband failing to provide maintenance, being missing, being imprisoned for a long time, impotence, insanity or mistreating his wife.
Act 303, s.52 (and the equivalent sections in state Enactments) lists grounds such as: the husband's whereabouts unknown for more than a year; failure to provide maintenance for three months; imprisonment for three years or more; failure to fulfil conjugal obligations for a year without reason; impotence; certain diseases; and cruelty such as beating or failing to treat the wives fairly in a polygynous marriage.
The wife must prove the grounds with evidence. In the Shafi'i school, fasakh is not counted towards the number of talaq. See fasakh.
Act 303, s.52 (and the equivalent sections in state Enactments) lists grounds such as: the husband's whereabouts unknown for more than a year; failure to provide maintenance for three months; imprisonment for three years or more; failure to fulfil conjugal obligations for a year without reason; impotence; certain diseases; and cruelty such as beating or failing to treat the wives fairly in a polygynous marriage.
The wife must prove the grounds with evidence. In the Shafi'i school, fasakh is not counted towards the number of talaq. See fasakh.