Subtopic 2 — Alimony of the Waiting Period Article 212: Any kind of separation that takes place by the husband, be it divorce or rescission, shall not extinguish alimony of wife during her waiting period, even though the divorce is not occurred due to husband’s fault. Husband shall have to pay alimony of in the
Topic 9 –– Effects of Dissolution of Marriage Subtopic 1 — Waiting Period (Edat): Article 198: Waiting period is a specific period with expiration of which all effects of marriage shall cease to exist. Article 199: (1) No one may marry the wife in waiting period except the husband. (2) Waiting period is mandatory on
Part 4 — Separation Due to Absence Article 194: If husband has been absent for a period of three years or more without reasonable excuse and wife incurs loss due to his absence, she may demand separation from the court, even if the husband owns property out of which wife’s alimony can be provided. Article
Part 3 — Separation Due to Alimony Nonpayment Article 191: If husband refuses to provide alimony while he does not apparently own property but his inability to provide alimony is not also proved, wife may demand separation. Article 192: If husband proves his inability to provide alimony, court shall give him a reasonable moratorium of
Part 2 — Separation Due to Harm Article 183: If wife claims such a harm that makes common life between similar spouses impossible, she may demand separation from court. Article 184: (1) If the claimed harm is proven and reconciliation of the spouses is impossible, the court shall issue a verdict for separation. (2) Separation
Subtopic 5 — Separation Part 1 — Separation Due to Defect Article 176: Wife may request separation if husband is affected with an illness that is incurable or takes a long time to be cured, in such a way that common life with husband is not possible without a large harm. Article 177: If wife
Subtopic 4 — Divorce in Exchange for Property (Khol`) Article 156: (1) Khol` (divorce in exchange for property) is dissolution of marriage contract in exchange for property that wife pays husband. (2) Khol` takes place with explicit words for it or with any other word that denotes the meaning of Khol`. Article 157: Khol` shall
Subtopic 3 — Divorce Article 135: (1) Divorce is dissolution of valid marriage relationship between husband and wife at present or in the future, by words that explicitly denote occurrence of divorce. (2) Divorce shall be declared, according to provisions of this Law, by husband or by competent court upon wife’s demand. Article 136: Divorce
Topic 8 — Dissolution of Marriage Subtopic 1 — General Provisions Article 131: A marriage contract shall be dissolved with rescission, divorce, divorce in exchange for property by wife (Khol`) or separation according to provisions stated in this Law. Subtopic 2 — Rescission Article 132: Rescission is breach of marriage contract due to occurrence of
Subtopic 4 — Alimony Article 117: (1) Upon conclusion of a valid and effective marriage contract, husband shall have to pay alimony, even if wife dwells in her relatives’ residence. If wife unrightfully refuses to dwell in husband’s, husband shall not be obligated to pay alimony. (2) Wife has a right to refuse to go