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SAMPLE Divorce Sharia

This document is a petition for divorce by faskh filed in the 5th Shari'a Judicial District Court in Pikit, Cotabato, Philippines. The petitioner alleges that they and the respondent are both Muslims, and under Presidential Decree 1083 (Code of Muslim Laws of the Philippines), the petitioner has grounds for divorce. Specifically, the petitioner cites grounds A and C - the respondent's neglect or failure to provide support for over six months and failure to perform marital obligations for six months without reasonable cause. The petitioner requests that the court grant the divorce by faskh and order the necessary registrations of the divorce.

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Christine Faith Sabella
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6K views3 pages

SAMPLE Divorce Sharia

This document is a petition for divorce by faskh filed in the 5th Shari'a Judicial District Court in Pikit, Cotabato, Philippines. The petitioner alleges that they and the respondent are both Muslims, and under Presidential Decree 1083 (Code of Muslim Laws of the Philippines), the petitioner has grounds for divorce. Specifically, the petitioner cites grounds A and C - the respondent's neglect or failure to provide support for over six months and failure to perform marital obligations for six months without reasonable cause. The petitioner requests that the court grant the divorce by faskh and order the necessary registrations of the divorce.

Uploaded by

Christine Faith Sabella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines 

SUPREME COURT
5th Shari’a Judicial District 
Pikit, Cotabato

                           Petitioner,                     CIVIL CASE NO. _________

         -VERSUS-                                      IN RE: PETITION FOR


DIVORCE BY FASKH
    Respondent.
X—-------------------------------------------------------------x

PETITION

THE PETITIONER, by the undersigned counsel, unto this


Honorable Court respectfully alleges that:

6. That after the respondent went back to Syria, the latter no longer
contacted the Petitioner and did not give any support from the
respondent;

6. That parties are both Muslims, and being such, Petitioner has all
the rights and privileges under Presidential Decree 1083, otherwise
known as "CODE OF MUSLIM LAWS OF THE PHILIPPINES” to
practice their customs, traditions beliefs and interests accorded to a
Muslim;

7. That under Presidential Decree No. 1083 or the “Code of Muslim


Personal Laws”, the court may decree a divorce by faskh, upon
petition of the wife, on any of the following grounds:
a. Neglect or failure of the husband to provide support for
the family for at least six consecutive months;
b. Conviction of the husband by final judgment sentencing him to
imprisonment for at least one year;
c. Failure of the husband to perform for six months without
reasonable cause his marital obligation in accordance with
this code;
d. Impotency of the husband;
e. Insanity or affliction of the husband with an incurable disease
which would make the continuance of the marriage relationship
injurious to the family;
f. Unusual cruelty of the husband as defined under the next
succeeding article; or
g. Any other cause recognized under Muslim law for the
dissolution of marriage by faskh either at the instance of the
wife or the proper wali.

8. That on account of grounds A and C, the absence and complete


disregard of the respondent of his marital obligations and negligence,
the respondent did not anymore communicate nor at least went back
to the Philippines. Attached herewith is a copy of the respondent’s
Syrian Passport marked as ANNEX “B”; and
9. That the petitioner believed that there is no reasonable cause for
the continuance of the marriage since the respondent neglected and
failed to support the family by not performing marital obligations up to
the present time.

PRAYER

WHEREFORE, premises considered, petitioner respectfully


prays of this HONORABLE COURT, after due notice and hearing,
THAT;

1. An Order be issued GRANTING this petition of DIVORCE BY


FASKH Subject of this instant petition;

2. An ORDER be issued directing the Shari'ah Circuit Registrar


to register this divorce as provided for under the law, and further
directing the Local Civil Registar of Davao City to effect proper
MARGINAL ANNOTATION on the Certificate of Marriage of the
marriage of the parties as "DIVORCED;

3. And such other relief deem just and equitable under the
circumstances available in this jurisdiction are likewise prayed for.

Respectfully submitted this _______________ in the City of


Davao for __________________.

Petitioner

VERIFICATION AND CERTIFICATION

, of legal age, married, Filipino, and a resident oCity of


Kidapawan, Cotabato, under oath state that that:

1. I am the petitioner in the above entitled case;

2. I have caused the preparation and filing of the foregoing Petition:

3. I have read and understood the contents thereof; and

4. This is to certify under oath there is no case filed/pending in any


other court, tribunal, commission or agency involving the same
parties and the same nature and there should be any, I should
undertake to inform this Honorable Court within Five (5) days.

In the City of Davao for ___________, Philippines, this


_____________.
SUBSCRIBED AND SWORN to before me
this________________in Davao City, Philippines by the affiant
showing to me his competent evidence of identity as indicated below
her name as shown above.

DOC. NO._____;
PAGE NO._____;
BOOK NO._____;
SERIES OF_____.

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