Annulment of the marriage contract by the husband
At first glance, it may seem that determining the husband’s right to annul the marriage is out of place, given that if something happens to the wife that does not please him, he can easily divorce her. However, the truth is that this is not true, because in many cases the reason for the marital relationship not continuing may be due to the wife.
It is known that divorce does not impose any financial obligations on the wife towards the husband, and therefore; Divorce causes serious harm to the husband, who will lose his right to receive any compensation if he decides to divorce his wife only, especially if the marriage is recent.
Hence, the husband’s right to request the annulment of the marriage was established, just like the wife. What are the conditions for that, and what are the conditions? This is what we explain in the office of lawyer Abdul Majeed Al Rashid for Law and Legal Consultations. It may seem at first glance that determining the husband’s right to annul the marriage is out of place, considering that if something happens to the wife that does not please him, he can easily divorce her. However, the truth is that this is not true, because in many cases the reason for the marital relationship not continuing may be due to the wife.
It is known that divorce does not impose any financial obligations on the wife towards the husband, and therefore; Divorce causes serious harm to the husband, who will lose his right to receive any compensation if he decides to divorce his wife only, especially if the marriage is recent.
Hence, the husband’s right to request the annulment of the marriage was established, just like the wife. What are the conditions for that, and what are the conditions? This is what we explain in the office of lawyer Abdul Majeed Al Rashid Law Firm and Legal Consultations…
Conditions for termination of the marriage contract by the husband
The husband’s right to request the annulment of the marriage contract from his wife is not absolute, but is restricted to only two cases:
1- The first case: The wife violates the husband’s condition:
In this case, the husband must have included in the marriage contract a certain condition that falls on the wife, such as: the wife not working without his consent, in accordance with Article (27) of the Personal Status Law: “1- The spouses, according to their conditions. 2- The condition does not confirm the option to terminate the marriage contract unless the condition is stipulated in writing in the marriage contract document or acknowledged by the spouses“.
Then the wife violates these conditions; then the husband has the right to request the annulment of the marriage, while obligating the wife to return the dowry she received. It is required here that the husband has not explicitly waived his right to the condition, such as writing to his wife on WhatsApp that he has waived the condition. In this case, he will not be able to adhere to the request to annul the marriage.
Its basis is Article (28) of the Personal Status Law: “If one of the spouses does not fulfill what the other has stipulated in accordance with what is included in Article (Twenty-Seven) of this Law, the person required may request the annulment of the marriage contract whenever he wishes, unless he expressly forfeits his right. If the husband is not paying, then the annulment is without compensation, and if it is from the wife, then it is compensation that does not exceed the dowry“.
2- The second case: A harmful or repulsive illness occurs in the wife:
The following is required here:
The reason must prevent marital intercourse.
The husband should not have been aware of this reason when concluding the marriage contract.
The husband must not have known about the illness and been explicitly satisfied with it, whether in word or deed.
If these three conditions are met, the husband has the right to file a lawsuit to request the annulment of his marriage to his wife. The basis for this is Article (104) of the Personal Status Law: “Each spouse may request the annulment of the marriage contract due to a harmful or repulsive reason that prevents marital intercourse – whether the reason was before the marriage contract or occurred after it – unless the person requesting the annulment was aware of the reason when concluding the contract or knew about it after concluding it and obtained from him what indicates satisfaction with it in word or deed“.
Is it permissible to oblige the wife to return the dowry?
In fact, the fulfillment of this second case is not sufficient to say that the husband has the right to oblige the wife to return the dowry, but two conditions must be met for this, which are:
The first condition: that the cause be fixed in the wife before marriage.
The second condition: The husband must not have entered or been alone with the wife. However, if he enters or seclusion occurs, then the husband has no choice but to return to the one who deceived him and deceived him in that marriage.
This is based on Article (105) of the Personal Status Law: “If the marriage contract is terminated due to a reason in one of the spouses, the court must decide the following: 1. If the illness occurred in either spouse after consummation, the spouse has no right to recover the dowry he paid. 2. If the cause in either spouse preceded the contract and the annulment was before entering or seclusion, the husband will recover the dowry he paid and the remainder of it will be forfeited, even if it was deferred“.
Finally, unlike these two cases mentioned above, the husband’s claim to annul the marriage will not be accepted. The most famous example of this is that if the husband files his claim simply because the wife left the house without his permission and refuses to return to him, this is not a reason that gives the husband the right to annul the marriage, but rather a reason that gives the husband the right to refrain from alimony, considering that his wife is disobedient.
Frequently Asked Questions
When is it permissible for a husband to file a lawsuit to annul the marriage contract?
The husband may file a lawsuit to annul the marriage contract in two cases: First: The marriage contract must include a condition that is in the husband’s best interest, and then the wife violates the condition. The second case is when the wife suffers a harmful or repulsive cause that prevents marital intercourse. Other than these two cases, annulment by the husband is not permissible.
Is it permissible to terminate a marriage contract unilaterally?
Yes, it is permissible to terminate the marriage contract unilaterally, whether the wife or the husband, but each of them has his own status and conditions.
No comments