A Muslim woman whose husband will not give talaq, and who cannot obtain khula by agreement, is not trapped. The Dissolution of Muslim Marriages Act, 1939 lets her ask the court to dissolve the marriage on any of the grounds it lists. This guide explains those grounds, where to file in Mumbai, and what happens to her mehr, maintenance and children.
Key facts
- Law
- Dissolution of Muslim Marriages Act, 1939, Section 2
- Where to file in Mumbai
- Family Court, Bandra Kurla Complex
- Husband’s consent
- Not needed; the court decides on the grounds proved
- Mehr
- Remains payable; dissolution does not take it away
- Maintenance
- Section 144 BNSS is available to Muslim women (Supreme Court, 2024), besides the 1986 Act
Grounds for dissolution (Section 2)
- The husband’s whereabouts have not been known for four years.
- He has neglected or failed to provide her maintenance for two years.
- He has been sentenced to imprisonment for seven years or more (the decree takes effect only when the sentence is final).
- He has failed, without reasonable cause, to perform his marital obligations for three years.
- He was impotent at the time of marriage and continues to be.
- He has been insane for two years, or suffers from leprosy or a virulent venereal disease.
- She was married off by her father or guardian before she was 15, repudiated the marriage before 18, and the marriage was not consummated.
- Cruelty, which includes habitual assault or making her life miserable by conduct, associating with women of evil repute, trying to force her into an immoral life, disposing of her property, obstructing her religious practice, or, if he has more than one wife, not treating her equitably as the Quran requires.
- Any other ground recognised as valid for dissolution under Muslim law.
Cruelty is the ground most often relied on. Keep evidence: messages, medical records, police complaints, and witnesses.
Other routes
- Khula: divorce at the wife’s initiative, usually by returning or giving up the mehr. See khula for Muslim women in Mumbai.
- Mubarat: divorce by mutual agreement.
- Talaq-e-tafweez: where the nikahnama delegates the right of divorce to the wife.
- Instant triple talaq is void and an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Mehr, maintenance and children
- Mehr: unpaid mehr remains due on dissolution.
- Maintenance: a divorced Muslim woman can claim maintenance under Section 144 BNSS, and a fair and reasonable provision under the Muslim Women (Protection of Rights on Divorce) Act, 1986. See how much maintenance.
- Residence: the Domestic Violence Act protects her right to reside in the shared household. See right to residence.
- Children: custody is decided on the child’s welfare. See child custody.
- Stridhan and gifts remain hers. See stridhan.
Documents to keep ready
Nikahnama (with a translation if it is in Urdu), the marriage registration certificate if any, ID and address proof, proof of the ground relied on, and details of mehr and stridhan. See the full checklist. Registering the nikah helps: nikah registration.
Related: divorce for women in Mumbai.
See also: Muslim inheritance law: shares, wills and hiba.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West), in English, Hindi, Marathi and Urdu. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the general position as understood in October 2026. Which route suits a particular marriage depends on the facts. It is not legal advice.