WIFE’S RIGHT TO INITIATE DIVORCE WITHOUT GROUNDS

Woman may initiate divorce without the consent of a husband (iftida).

Iftida allows women to initiate a divorce without having to prove grounds. However, a woman who invokes iftida foregoes her financial rights. The courts typically try to reconcile between spouses however, if within 30 days they are not able to reconcile, the court may annul the marriage contract between them.

If a woman decides to ask for a divorce through iftida, she must deposit the full value of the dowry she received from her husband to the court’s fund.

However, when a man decides to divorce his wife, he is not asked to deposit any money. In addition, he is provided the option to pay the dowry in instalments. Iftida may not be a viable option for women who cannot afford to give up financial maintenance or to return their dowry.

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