Muslim law does not specify whether the mental illness affecting the husband needs to be incurable or not.

Wife Approaches Court for Divorce for Muslim Marriage

Last updated on May 3, 2022

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons:

Absence of Husband

  • When your husband has been missing for over 4 years.
  • When your husband goes to jail for 7 years or more.
  • When your husband fails to pay maintenance for 2 years.

Illness or Incapacity

  • When your husband is impotent.
  • When your husband is suffering from insanity or an incurable venereal disease.
  • If your marriage took place before the age of 15 years.


All these grounds are subject to certain conditions which you should consult a lawyer to understand more.

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