devorce in khoja community

This query is : Resolved 

19 March 2011

The case is khoja girl is married in her comuunity and after a 1 yrs of unhappy married life seperated from her husband when the baby is in her womb of 4 months and she is successfully deliver the baby girl and she is 1 month old know question is she is not ready to go to her husbunds house and wont to seperate but due to personal law of khoja the local councilshe approch but once mother is heard from her side and then 2 notice is issued but she is not willing to go know the question is that all local mukhi is demanding unauthorized money demand to persue deviorce she is helpless is this legal any kind of other remedy beside khoja laws is avail to her . or how she can approch higher khoja council and really wont to seperate .....??? pls help her for ur valuable legal suggestions

Devajyoti BarmanOnline (Expert)
15 August 2013

If there is customary divorce in her community then ask her to do so. The customary divorce is recognized under Indian law.

prabhakar singh (Expert)
15 August 2013

There can be no parallel judicial system.
If existence of custom can be proved,then a suit of declaration that marriage stood dissolved by a meeting of the the two spouses in presence of witnesses would be sufficient.Mukhi has no right to decide divorce proceedings.He can simply be a witness to a fact of divorce that takes by custom between spouses of marriage.

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