Separation due to defects
Separation due to defects

Separation due to defects

Defects such as madness, leprosy, impotence and venereal disease: A party can only rely on such ‘defects’ as a ground for divorce if they were not aware of the defect at the time of marriage. It is possible for the court to adjourn the case for a period of up to a year to determine whether the defect is capable of being ‘removed’ (Article 113 Personal Status Law).
b. Deceit: if there has been serious deceit between the parties during the formation of the marriage. Therefore, if one party would not have entered into the marriage contract had they been aware of the deceit, they are entitled to use this as a basis for divorce (Article 114 Personal Status Law). Utah County Divorce online

2. Separation for non -payment of the current dowry (‘Mokadam’)

3. Separation due to harm or disputes. One spouse has the right to ask for divorce if he or she is being harmed by the other, and such harm makes it impossible for the parties to live together (Article 117 Personal Status Law). In this situation, the court may instruct two arbitrators to investigate the reasons for the discord between the parties and report back to the court. A finding of fault on one party may have financial implications.

4. Separation due to lack of financial support during the marriage: a wife is entitled to ask for a divorce if the court decides that the husband has funds to support her but has failed to do so.

5. Separation due to absence of one party: a wife may be entitled to divorce if her husband has disappeared. However, the divorce judgment would not be pronounced until a year has passed from the date of her application for divorce, without the husband returning during this time.

6. Separation due to jail sentence: a wife is entitled to divorce if her husband is sentenced to more than 3 years in prison and at the time of the divorce he has been in prison for more than one year.

7. Separation due to desertion (‘Hajr’): if the husband leaves the family home and does not return within 4 months of the wife’s request, she is entitled to a divorce. 

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