I want to end my marriage
You have two paths: khula, and divorce through the Family Court.
Islam gives a woman the right to leave a marriage. Khula is recognised by Indian High Courts without the husband's consent. If he disputes it, or if you want the court to decide, the Family Court can dissolve the marriage on grounds such as cruelty or no maintenance for 2 years. Either way, you keep your right to maintenance for your children.
Your rights
Khula: you can end the marriage yourself
The law says
High Courts have held that khula does not need the husband's consent. You declare it, offer to return the mahr, and first try to reconcile. If he disputes it, only the Family Court can settle the status of the marriage.
The Quran says
فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ
“There is no blame upon either of them concerning that by which she ransoms herself.”Divorce through the court
The law says
The Family Court can end your marriage if, for example, your husband has not given maintenance for 2 years, has been missing for 4 years, is in prison for 7 years or more, or treats you with cruelty, including cruelty that is not physical. Your mahr stays yours.
The Quran says
وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا۟
“Do not keep them, intending harm, to transgress against them.”What to do, step by step
- 1
Make sure you are safe
If you are in danger, call 112. For help and shelter, call 181 or go to the One Stop Centre in your district.
- 2
Get a free lawyer
Every woman is entitled to free legal aid, whatever her income. Call 15100, apply online, or walk into the legal services office at your district court. Carry your ID and any papers you have.
- 3
Collect your papers
Tick what you have. Your lawyer will also help you prepare the affidavit of your income and expenses that every maintenance case needs.
- 4
Your lawyer files the case
You can file in the court where you live now, even if it is your parents' city. Ask for interim maintenance at the same time.
What to expect
Family Courts first try counselling and mediation. You are never obliged to settle. Tell your lawyer if anyone pressures you.
This is information, not legal advice. For your own case, talk to a free legal aid lawyer: call 15100.