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Discussion > Family Law > Divorce > Divorce on the ground cruelity   Unanswered Threads Post New Topic

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MASTHAN


Self employeed
[ Scorecard : 566]
PRO CHAT CALL
Posted On 02 November 2011 at 11:14 Report Abuse

Under what section a muslim MEN file divorce to his 498A wife (as per judicial) ?

 

For muslim women there is a provision ,under "Dissolution of Muslim Marriages Act 1939." 

 

But what is the provision for muslim MEN to file divorce on the ground of cruelity?

 

-Masthan



Advocate Habeeb


Advocate High Court of A.P.
[ Scorecard : 50]
PRO CHAT CALL
Posted On 02 November 2011 at 18:11

Granting of a Divorce

 

A Muslim husband can give talaq to his wife, either orally or in writing (talaqnama). However, to grant a divorce, the reasons for talaq and failure to reconcile need to be proved.

Talaq can also take place by way of Khula and Mubarat.

In case of a Khula, the wife initiates the divorce and foregoes her dowry or some of her property, in exchange for her husband's consent.

However, his consideration will not invalidate such a divorce.

When both husband and wife want to end the marriage, they can do so by mutual consent. This is known as mubarat.


raj kumar makkad


Advocate
[ Scorecard : 104422]
PRO CHAT CALL
Posted On 02 November 2011 at 18:19

Under the Dissolution of Muslim Marriages Act, 1939 adultery as such is not a ground for divorce but husband’s association with women of evil repute or his leading an infamous life is a ground for divorce, though it amounts to cruelty under the Act.[57] In Parsi law, in particular, divorce will not be granted on the ground if the suit for divorce has been filed more than two years after the plaintiff came to know of the fact.



Total thanks : 1 times

MASTHAN


Self employeed
[ Scorecard : 566]
PRO CHAT CALL
Posted On 02 November 2011 at 19:13

Hi Habeeb,

You are not understnaing my question. As I explained in my earlier posts

1. She filed false 498A and the same is pending before AP High court for quash

2. husband pronounced triple TALAQ (orally) in fornt of her, her relatives and KAZI (this happend in KAZI office)

3. Husband also sent TALAQNAMA and  MEHER to her through advocate

4. She replied to our TALAQNAMA , stating we are not accepting the TALAQNAMA and it is not valid and she is still legally wife and and sent back the MEHER DD.

5. Now we need a proof that we divorced her and she no more his wife.
 


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 39346]
PRO CHAT CALL
Posted On 03 November 2011 at 20:33

Who is she to refuse talaaqnama dear?

 

www.indiankanoon.org

 

search many HC has decided this question in your favor.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com





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