A sister approached me to ask this question on her behalf. The sister has been abused by her foreign husband who left her and not seen her nor her child for the past 5 years. Yet her husband will not grant her a divorce nor allow her to be seen dealing with any other man. The husband is using his contacts to beat up anyone who comes near her regadless of their intentions. She has asked for Police protection but feels that she wants a divorce. What should she do now ?
125 points 1votes 31/12/2009 7:47:22 AM
Faith Hub
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Salam Mehboob, this is what I got from Syariah Court Singapore
FASAKH
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Fasakh means to annul a marriage. A decision on fasakh may be made only by the Court after hearing the wife's complaint. Section 49(1) of the Administration of Muslim Law Act provides that:
"A married woman shall be entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds:-
that the husband has neglected or failed to provide for her maintenance for a period of three months;
that the husband has been sentenced to imprisonment for a period of three years or upwards and such sentence has become final;
that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year;
that the husband was impotent at the time of the marriage and continues to be so;
that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;
that the husband treats her with cruelty, that is to say -
habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
associates with women of ill repute or leads an infamous life;
attempts to force her to lead an immoral life;
obstructs her in the observance of her religious profession or practice;
lives and cohabits with another woman who is not his wife; or
if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; and
on any other ground which is recognized as valid for the dissolution of marriage by fasakh under the Muslim law
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Alternatively the sister can use the Women's Charter (Cap 353, Section 95)
Irretrievable breakdown of marriage to be sole ground for divorce
95. —(1) Either party to a marriage may file a writ for divorce on the ground that the marriage has irretrievably broken down.
[42/2005]
(2) The court hearing such proceedings shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, grant a judgment for its dissolution.
[42/2005]
(3) The court hearing any proceedings for divorce shall not hold the marriage to have broken down irretrievably unless the plaintiff satisfies the court of one or more of the following facts:
(a) that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;
(b) that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;
(c) that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;
(d) that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted;
(e) that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.
[42/2005]
(4) In considering whether it would be just and reasonable to grant a judgment, the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved, and it may make an interim judgment subject to such terms and conditions as the court may think fit to attach; but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, the court shall dismiss the proceedings.
[42/2005]
(5) Where the parties to the marriage have lived with each other for any period or periods after it became known to the plaintiff that the defendant had, since the celebration of the marriage, committed adultery, then —
(a) if the length of that period or of those periods together was 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of subsection (3)(a) whether the plaintiff finds it intolerable to live with the defendant; but
(b) if the length of that period or of those periods together exceeded 6 months, the plaintiff shall not be entitled to rely on that adultery for the purposes of subsection (3)(a).
[42/2005]
(6) Where the plaintiff alleges that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the plaintiff and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of subsection (3)(b) whether the plaintiff cannot reasonably be expected to live with the defendant if the length of that period or of those periods together was 6 months or less.
[42/2005]
(7) In considering for the purposes of subsection (3) whether the period for which the defendant has deserted the plaintiff or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any 2 or more periods (not exceeding 6 months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.
[42/2005]
(8) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
With regards to filing a personal protection order
http://app.subcourts.gov.sg/fa...
Salam
Fir2man
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