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Rihan   05 January 2019

Muslim divorce through court

I and my wife separated 2 years back due to some reasons. Now  i would  like to file divorce in court. Muslims have court divorce? please  tell  me what is the way  to  take divorce.



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 4 Replies

Martin S.   05 January 2019

Originally posted by : Shashi Dhara
U both are Muslimsu can give her divorce thru talaq i.e u have to pronounce talaq for every month till three months .when third time u pronounce three months is completed talaq is completed. If u pronounce triple talaq at once it is penalised. U can also take divorce thru mutual consent in court.

This advice is wrong.

Martin S.   05 January 2019

You may contact experienced advocate who is well versed with Muslim Family Law in your town.  I may explain to you, but you may not understand it.  It should be done with consultation of maulvi along w ith consultation of an advocate (preferably from your caste MUSLIM).

Ishan Goel (Advocate)     06 January 2019

there is no codified law for muslims. there is one dissolution of marriages act for muslims but as per that act also only a muslim women can approach the court to take divorce. for muslim men, I advice to approach the maulvi.

Martin S.   06 January 2019

Originally posted by : Rihan
I and my wife separated 2 years back due to some reasons. Now  i would  like to file divorce in court. Muslims have court divorce? please  tell  me what is the way  to  take divorce.

Now. You instead of pronoucing tolaq tolaq tolaq and going to jail, you bring new wife and make the old wife file divorce in court if she does not like you to have more more wife.  In court if in case she files complaint that you remarried etc, you can simply tell that you are maitaining her as we all as old one.

The point is if you go to court seeking divorce, chances are you will have to keep roaming to court for next 20 years without getting divorce and also perhaps going to jail for not paying maintenance to present wife.

Government of India got the teen tolaq banned for Muslim man but Muslim man can have 4 wives if he can prove that he can maintain them together.  If wives have problems let them prove that you are not  giving equal maintenance to them in court, which will take long long time.  

Be advised that each move has counter reaction, be ready to face that, only then get going,,.


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