पाकिस्तानी पति से तलाक
Rashid Ali
(Querist) 01 May 2015
This query is : Resolved
सर मेरी बहन की शादी पाकिस्तानी लड़के के साथ 11 साल पहले पकिस्तान में ही निकाह और रिसेप्शन हुई थी . दो बच्चे हैं .लड़का बहन को बहुत मरता पीटता है अब साथ रहना मुश्किल है . बहन की नागरिकता अभी भी भारतीय ही है लेकिन दोनों बच्चे पाकिस्तान में पैदा होने के कारन पाकिस्तान के ही नागरिक हैं .बहन अब अपने दोनों बच्चों के साथ पिट छितकर भारत वापिस आ गयी है और वापिस पाकिस्तान नहीं जाएगी .भारत में रहकर ही तलाक़ का मुकदमा अदालत में डालना चाहती है .
please advice
* किस एक्ट की किस धारा में वाद फाइल होगा ?
* दोनों बच्चों को बहन अपने साथ ही रखेना चाहती है . क्या करना चाहिए ?
* बच्चे अभी लॉन्ग टर्म वीसा पर हैं और उनका दाखिला स्कूल में करना है . LIU वाले सलाह दे रहे हैं कि अदालत में तलाक का केस कर दो और उस केस की कॉपी हमारे विभाग में जमा करा दो बच्चों का लॉन्ग टर्म वीसा बढ़ जायेगा .
कृपया सलाह दें .
Sudhir Kumar, Advocate
(Expert) 01 May 2015
Dissolution of Indian Muslim Marriage Act 1939.
अगर वीसा नहीं बढ़ा तो बच्चों को पाकिस्तान जाना होगा
Rashid Ali
(Querist) 01 May 2015
सर जी कोई ऐसा तरीका बता दो जिससे मामला भारत की अदालत में फँस जाये और लम्बा चलकर वो लड़का पाकिस्तान से भारत आकार थक जाये . उसने बहुत परेशां किया है .
Nadeem Qureshi
(Expert) 02 May 2015
Dear Rashid Sahab
Aaapki bahan cruelty ke base pr Talaaq ka mukadma daal sakti hai family court me, section 2 of Dissolution of Muslim Marriage Act- 1939.
2. Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:— —A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely\:—"
(i) that the whereabouts of the husband have not been known for a period of four years; (i) that the whereabouts of the husband have not been known for a period of four years;"
(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years; (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;"
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;"
(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;"
(v) that the husband was impotent at the time of the marriage and continues to be so; (v) that the husband was impotent at the time of the marriage and continues to be so;"
(vi) that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease;"
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years\:" Provided that the marriage has not been consummated; Provided that the marriage has not been consummated;"
(viii) that the husband treats her with cruelty, that is to say,— (viii) that the husband treats her with cruelty, that is to say,—"
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or"
(b) associates with women of evil repute or leads an infamous life, or (b) associates with women of evil repute or leads an infamous life, or"
(c) attempts to force her to lead an immoral life, or (c) attempts to force her to lead an immoral life, or"
(d) disposes of her property or prevents her exercising her legal rights over it, or (d) disposes of her property or prevents her exercising her legal rights over it, or"
(e) obstructs her in the observance of her religious profession or practice, or (e) obstructs her in the observance of her religious profession or practice, or"
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran; (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;"
(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: (ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law\:" Provided that—
(a) no decree shall be passed on ground (iii) until the sentence has become final; (a) no decree shall be passed on ground (iii) until the sentence has become final;"
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and"
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground. (c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground."
Sath me child custody the mukadma bhi daal do Family Court me hi.
aagar aap phone pr baat krna chahe to detail me aapko bta sakta hu.
Rashid Ali
(Querist) 02 May 2015
Nadim Qureshi सर अपना नंबर दे दीजिये .
T. Kalaiselvan, Advocate 
(Expert) 04 May 2015
She can file a divorce case u/s 2 of Dissolution of Muslim Marriage act on the grounds of cruelty. Once her marriage is dissolved by court, she can try for Indian citizenship for her children on the basis of said divorce decree.
