Could you legally get a divorce if your spouse is in a coma? (Page 2)

true2heart Senior Member

Joined: 02 March 2010
Posts: 713

Posted: 29 December 2014 at 3:43am | IP Logged
Yeah VD it is possible. If a spouse has a medical condition that makes him/her unable to lead a normal married life, one can seek and get a divorce on those conditions. The family members can contest it, and prolong the matter but the ruling usually happens in the favor of the spouse seeking the divorce. The court may  give directions to the spouse to pay alimony or bear the medical expenses, if you agree to the conditions, you can get the divorce easily. 
In Islamic law, getting a divorce isn't difficult either. You can pronounce the word talaq 3 times in front of the witnesses and seek divorce  or one may be asked to go through a waiting period and if there is no reconciliation, then the divorce is granted. 

I live in Hyderabad and I know two families in which the guy has two wives. The wives are living separately,  are well provided for and the kids are treated equally. The kids always refer to the women as choti ammi and badi ammi, and there is no animosity among the step siblings at all. Its pretty  rare to have two wives these days but if the said girl's family is ok with the proposal and the qazi feels that the first wife will not get affected, he will grant permission for the second marriage.

But I have a feeling that here the Cvs will not show Arzoo to be the second wife as it will put off a lot of people watching the serial. So they will seek a way out for sure where it becomes acceptable for Sahir to marry Arzoo. 

Edited by true2heart - 29 December 2014 at 4:21am

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pearly14 Senior Member

Joined: 15 November 2014
Posts: 697

Posted: 29 December 2014 at 3:52am | IP Logged
Originally posted by true2heart

But I have a feeling that here the Cvs will not show Arzoo to be the second wife as it will put off a lot of people watching the serial. So they will seek a way out for sure where it becomes acceptable for Sahir to marry Arzoo. 

Very true. I think Zeenath will die. But her condition will improve before that, there has to be a lot of drama right. I don't think the way they have shown Aarzoo, even if the first wife is divorced she will not agree to marry him. Only way out if for Zeenath to die (Wishful thinking of course Wink )

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VD927 Senior Member

Joined: 20 November 2014
Posts: 359

Posted: 29 December 2014 at 4:23am | IP Logged
@true2heart and @pearly14

Agreed guys - I can't see arzoo agreeing to be a second wife. It goes completely against Her character development so far. And it would be a far more interesting story if she refuses to marry him in any case. The lucky thing about this story is Arzoo already lives in niymat house. She can't go anywhere because she has a whole family to house and they have nowhere to go. Plus she has signed a 3 year contract with saiyyara and needs the income. So reluctantly, she will stay just like last time, thus allowing the cvs to steer clear of a marriage track and keep them together. Of course, there can always be a Zaki-arzoo marriage track, which she in true chandni style, run out of the nikaah at the last minute! ...only issue is seeing a heartbroken Sahir is so so so difficult to watch!

Sorry, I digress! Agreed Zeenat dying would be the best, cleanest outcome. But not before a few, 'her recover looks bright' threats
Sheerinbanu Senior Member

Joined: 24 April 2012
Posts: 462

Posted: 29 December 2014 at 4:25am | IP Logged
Originally posted by VD927

Not sure if we have any lawyers on the forum but on the topic of laws, I was wondering the other day where if you were in the situation where your spouse was in a coma for x number of years and you wished to re-marry. Would the court grant a divorce based on the spouse being mentally unable to contribute to the marriage? It's an interesting case. Surely if your spouse was in a coma for 10-15 years, if you were young wth a young family you may want to remarry or your spouse may have wished in such a situation you get on with your life. Could you get a divorce? I am sure there must be some exception cases?

Anyone have any ideas??? Was wondering if this may be an alternative approach the makers could take? Other approach is Zeenat sadly dies of course!! "

A man can divorce his wife under 7 grounds in Islam. If the wife have prolonging illness for 7 yrs. the men have all the rights to divorce his wife without any question. This applies to infertility, sickness, and serious illness. Islam gives a way to do that but it's again personal preference too if a man still wants to continue the marriage he can. It's not he should get divorced.

In this case I think zeenath is in coma for 7 yrs. I think CVs could have had that no of yrs to use this clause. It's pretty easy for Samir to divorce her. Also re marry without her consent.

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