Wife petition for divorce before shariya courrt(islamic court)
Akhalaque Ahmed
(Querist) 18 May 2014
This query is : Resolved
DEAR ALL EXPERTS,
GOOD EVENING !!!
MY QUERY IS ME AND MY WIFE FIGHTING CASES IN FAMILY, DISTRICT AND SESSION COURT IN VARIOUS SECTIONS LIKE 498A, DV AND SECION 125 FOR MAINTANCE. FROM LAST 3YEARS. NOW RECENTLY THEY HAVE APPROACH OUR RELIGIOUS COURT WHICH WE CALLED AS ISLAMIC COURT (SARAI ADALAT)THEY HAVE SUMMON ME FOR HEARING.
I JUST WANT TO KNOW WHAT IS THE LEGAL STATUS OF SUCH KIND OF COURT IN INDIA.IS THEY HAVE POWER TO DISSOLUTION OF MARRIAGE BETWEEN HUSBAND AND WIFE. SHOULD I ATTEND THE HEARING FOR THE SAME.
ITS MY HUMBLE REQUEST KINDLY GUIDE IN A BETTER WAY.
THANKS
AKHALAQUE AHMED
Dr J C Vashista
(Expert) 19 May 2014
I agree with the expert advise of Mr Devajyoti Barman.
Rajendra K Goyal
(Expert) 19 May 2014
No legal status, may be effective in society.
ajay sethi
(Expert) 19 May 2014
no legal status . you need not appear
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
In a mosque, in the presence of Mutavali or senior committee member and witnesses from both sides, divorce on mutual consent named as "Khula" can be registered either in oral or in writing and this is valid in law because it is the procedure as per the muslim personal law and as per provisions of dissolution of muslim marriage act. Other than this, if a group acting as self styled shariat court etc and issuing summons etc will not be considered as valid in the eyes of law. The do not have any legal status and any certificate given by such unlawful elements will be invalid and illegal,better avoid them and ask them to visit the respective or jurisdictional mosque with the proposal to be finalised.
