Comparison of reasons for divorce at the request of the wife in Iranian and French laws

Document Type : Original Article

Authors

1 Member of the Center of Lawyers, Experts and Family Consultants of the Judiciary

2 Assistant Professor of Theology Department, Ilam Branch, Islamic Azad University, Ilam, Iran

Abstract

In Iranian law, a man can divorce his wife by observing the formalities stipulated in the law without the need to prove any special reason or reasons, but the request for divorce from the woman is not easily accepted and the wife can request a divorce if certain circumstances are proven. slow Abandonment by the husband, absence of the husband for a long time, misbehavior or misbehavior of the husband, committing a crime by the husband, and distressing the wife are among these cases. Sometimes, using the terms of the marriage contract, it is possible to file a divorce petition. Proving some of these cases (even if they exist) is not easily possible, and as a result, the wife's request for divorce is not accepted, and this is one of the problems that some women in the society are dealing with. In French law, the right to divorce is considered for couples and each couple has the right to divorce equally. Of course, in order to use this right, conditions have been considered that the consent of the other side, acceptance of the principle of marriage failure (proposal of divorce) irreparable damage that occurs in marriage. Definite destruction of marital relationship and guilt are among these conditions.

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