Divorce certificate


Hi..
In Oct 2017, I had sent  divorce paper to my wife and after 3 months mean in Jan 2018 I got divorce from my wife. she did not sign the paper but she accepted many times(verbally & in written) this divorce. From Oct 2016, we are staying separately and in Jan 2018 I had taken divorce from her as per above muslim law of shariyat. 
 
Now, I want to remove her name from passport but passport officer asking for divorce certificate. How to get the divorce certificate from court or affidavit will be enough to remove her name from passport. 
 
Please advice.
 
Reply   
 
FIN

Was the talaq in concurrence with conditions as applicable to your faith/sect/sub-sect?

If you have written communication(s), acceptance by spouse and talaq was in accordance with provisions of personal law and after being satisfied the designated religious scholar/authority has issued the valid Talaqnama then It could have been accepted by passport officer..

Has your spouse disputed the talaq in any forum?

Tha passport officer goes by compendium of instructions issued by govt  from time to time..

and if there is NO infirmity with nikahnama, Talaq certificate, instructions by govt, then he/she must have agreed.

 
Reply   
 


FIN

The FAQ at website of Passport Seva Kendra are also descripttive, e.g;

Q20:       What documents are required when there is a change in name on account of divorce?

A:            Following additional documents have to be submitted:-

Court certified copy of Divorce decree or self attested copy of Divorce certificate

To know the document details, please click on "Documents Required" link on Home page.

Q26:       In case of Christians, Muslims and Parsis, will marriage certificate issued by Qazi/Church be accepted as a valid proof for marriage certificate?

A:            An attested copy of marriage certificate issued by Registrar of Marriage would only be accepted as a valid proof for marriage certificate. If you have marriage certificate issued by Qazi/Church, then you need to meet Assistant Passport Officer (APO) at your nearest Passport Seva Kendra (PSK).

 

 
Reply   
 
FIN

The courts have provided relief in many cases:

e.g;

Kerala High Court

Ashna Moidu vs Regional Passport Officer on 29 December, 2014

2. Though the second respondent was issued notice in this proceedings, he has not disputed the case of divorce pleaded by the petitioner.

3. Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General.  WP(C).No.21528/2016-M.

4. Divorce by pronouncing Talaq is a recognised mode of dissolution of marriage under the Muslim Personal Law.

5. In the said circumstances, the first respondent is directed to consider the application of the petitioner for deletion of the entry relating to the name of the spouse of the petitioner in the passport, without insisting any court order evidencing dissolution of her marriage. This shall be done within two weeks from today.

 
Reply   
 
FIN

 

And have also touched upon sensitive issues in many cases;

Go thru; Highly illustrated judgment in case of ;

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938 WP(C).No. 11438 of 2016 (D)

Reliefs;

In these writ petitions question of validity of triple talaq does not arise. However this question was considered in larger perspective for the reason that if court grant any relief based on admission of the parties as to the repudiation of marriage by triple talaaq, that would amount to recognition of a triple talaq effected not in accordance with law, as this court has no mechanism to find out the manner in which talaq is effected. The Court cannot become a party to a proceedings to recognise an ineffective divorce in the guise of directions being given to passport authorities to accept the divorce. The legal effect of such divorce has to be probed by a fact finding authority in accordance with the true Islamic law. Stamp of approval being given by the court by ordering passport authority to accept divorce effected not in accordance with the law, will create an impression that court transgressed its limits while directing a public authority to honour an act which was done not in accordance with law. Though in these writ petitions, considering the urgency of the matters, this court granted interim order directing the passport authorities to act upon the request of the petitioners.

 
Reply   
 
FIN

And;

Also;

Bombay High Court

Shakil Ahmad Jalaluddin Shaikh vs Vahida Shail Shaikh And Anr on 20 January, 2016

Bench: M.S. Sonak

32…..The factum of divorce is required to be proved, including the conditions precedent therefor, by evidence both oral and documentary, when the same is disputed by the wife before a competent Court of law.

The mere existence of a document like talaqnama, is by no means sufficient to render a valid Talaq. For a valid Talaq, it is not sufficient that the prescribed expressions are pronounced thrice but the stages it is preceded by, are required to be pleaded and proved before the Court, if disputed by the wife.

 
Reply   
 
FIN

Also go thru;

The Muslim Personal Law (Shariat) Application Act, 1937;2,3

THE FAMILY COURTS ACT, 1984;

7. Jurisdiction.

Explanation.— (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

Religious scholars e.g; Qazi of your areas must have already guided you on validity of Talaq, talaqnama.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with provisions of personal law applicable to your sect/sub-sect, latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion.. 

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/civil courts, HC, SC……

Your counsel can opine on validity of Talaq, talaqnama, objections of Passport Officer and relief from Passport Officer, Family Court, Civil Court, high Court…

You may proceed as deemed fit..  

 
Reply   
 
Lawyer

Originally posted by : Mushahid Hussain Siddiqui
Hi..

In Oct 2017, I had sent  divorce paper to my wife and after 3 months mean in Jan 2018 I got divorce from my wife. she did not sign the paper but she accepted many times(verbally & in written) this divorce. From Oct 2016, we are staying separately and in Jan 2018 I had taken divorce from her as per above muslim law of shariyat. 

 

Now, I want to remove her name from passport but passport officer asking for divorce certificate. How to get the divorce certificate from court or affidavit will be enough to remove her name from passport. 

 

Please advice.

You can approach Family Court in person or through lawyer with a jointly signed letter asking judge to give you divorce decree based on the talaqnama given by imam.  The court will issue decree in 1 month time.

 
Reply   
 
Lawyer

Originally posted by : Kumar Doab
Was the talaq in concurrence with conditions as applicable to your faith/sect/sub-sect?

If you have written communication(s), acceptance by spouse and talaq was in accordance with provisions of personal law and after being satisfied the designated religious scholar/authority has issued the valid Talaqnama then It could have been accepted by passport officer..

Has your spouse disputed the talaq in any forum?

Tha passport officer goes by compendium of instructions issued by govt  from time to time..

and if there is NO infirmity with nikahnama, Talaq certificate, instructions by govt, then he/she must have agreed.

There is some problem with your brain is it? What is the question and what are you replying?  Can you explain how these are related to the query? Utter nonsensical replies.  Please change this attitude before someone gives police complaint against this website and you.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu