The Effect of the Husband’s Refusal to Do His Martial Duties on the Wife's Petition for a Divorce from the Standpoint of Jurisprudence and Law

Document Type : Specialized Article

Authors

1 Assistant Professor of Farabi College of Law, University of Tehran

2 Level 3 Field, Private Law, Judge of the Tabriz Public Prosecutor's Office

Abstract

In family related issues, having the right to divorce is one of the main questions. In this paper, the effect of refusing to do one’s marital duties in the issuing of the divorce permit by the court is studied from different standpoints of the Jurisprudence. The standpoint of law is considered and explained. Famous Imamiyeh experts (Fogaha) believe that the separation of the parties in marriage is not permitted because of wife's lack of intention to do her duties; but other Sunni religions except Hanafiyeh, believe that not paying the maintenance amount by the husband can dissolve the marriage. In Article 1129 of the Civil Code it states that the husband's refusal to pay the maintenance expenses can lead to the cancelation of the marriage by the wife. The authors of the present paper attempt to mention that the range of this issue of refusal can be developed to other issues and the wife can take measures to request a divorce because refuses to do his non-financial duties. 

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Biannual Journal of Family Law And Jurisprudence
Volume 21, Issue 65 - Serial Number 2
December 2016
Pages 107-130

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