You can file a divorce case in the family court under section 2 of Muslim marriage dissolution act on the grounds of cruelty and all these can be added as grounds for the acts of cruelty 

How he got again married without your divorce. If you consented then you should have got divorced. Now you have to apply for divorce as per shariat act in court or the traditional way of Khula divorce from him 

You can divorce your husband on grounds of cruelty by filing petition  for divorce under dissolution of Muslim marriage act 

As a Muslim wife, you can divorce your husband through the following steps:

1. File under Dissolution of Muslim Marriage Act, 1939: Grounds include abandonment (5+ years), failure to maintain, and his remarriage. The court can grant judicial divorce (Faskh).

2. Seek Khula: Request divorce through Jammath or Qazi. If the husband refuses, approach the court for validation.

3. Legal Action: File for divorce in Family Court, citing abandonment and remarriage. Provide evidence like lack of contact/support and proof of remarriage. You can also seek maintenance under Section 125 CrPC.

4. Child Support: Claim custody and financial support for your child if needed.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Contact a local Qazi and initiate the procedure of Khula divorce. He will guide you for all the steps to take for this.

The islamic law approves 3 types of dissolution of marriage i.e Talaaq, Khula and Mubaarat. You can take recourse through khula.

G.Rajaganapathy

Advocate

High Court of Madras

You can file divorce  case in Family Court under Section 2 of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 under following  grounds.

• that the whereabouts of the husband have not been known for a period of four years;
• that the husband has neglected or has failed to provide for her maintenance for a period of two years.

For obtaining Khula, you require consent of husband.

As a Muslim wife seeking divorce due to abandonment, you have legal recourse under Muslim personal law and statutory law. You can file for faskh (judicial divorce) under the Dissolution of Muslim Marriages Act, 1939, citing abandonment as a ground, which is valid after your husband’s abandonment for over five years. Additionally, if your husband has remarried without dissolving your marriage, you may file a petition based on his bigamy, which strengthens your case. You can also approach the family court for a divorce petition, and file for maintenance for yourself and your son under Section 125 of the CrPC. Gathering proof of abandonment and bigamy will support your case. Legal representation is crucial in navigating the process and ensuring your rights are protected.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Dear Client,

As a Muslim wife, you may seek divorce on Islamic grounds, Khula (when the wife decides to get the divorce with consent from her husband) or move to court seeking judicial divorce as provided under Dissolution of Muslim Marriages Act, 1939. For more than five years, your husband has left you and your son, which indeed is a legitimate ground for divorce under Section 2 of the Act, in which desertion, failure to provide maintenance and remarriage with another woman against your will, are included. You can present a petition before the Family Court, mentioning the desertion, re-marriage, and neglect of the husband. If your husband does not consent to a Khula, you can apply for Faskh-e-Nikah in court on these grounds. Approach an experienced family lawyer who deals with Muslim personal law to assist you with the process. This legal path will ensure that your rights are protected and clearly define your future.

- Under the Muslim law , you can take Khula from him with the help of a Qazi 

- Further, you can also file a divorce petition before the family Court on the ground of cruelty and separation

- Further, you can also claim maintenance /alimony for yourself and the son. 

Apply and seek divorce against him seeking recourse to the provisions of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939.

Since he abandoned you for last several years and not been supporting you in financially, you make out a case for divorce,