Querist :
Anonymous
(Querist) 26 March 2019
This query is : Resolved
sir my friend is a hindu at time of her marriage with muslim later she voluntarily embraced islam now they want divorce which law will govern divorce muslim law or special marriage act
Guest
(Expert) 26 March 2019
As per your statement Presently both the husband and wife are Muslims and only the Muslim Law would apply.
Dr J C Vashista
(Expert) 27 March 2019
Muslim Personal Laws shall govern the subject, if it is not a hypothetical question.
Guest
(Expert) 27 March 2019
Instead of asking theoretical question, you could have advised your friend to contact some local lawyer to take up his case, if she actually wanted divorce.
Querist :
Anonymous
(Querist) 27 March 2019
sir they registered their marriage under special marriage act now at time of divorce do they need to abide by special marriage act or muslim personal law
kavksatyanarayana
(Expert) 27 March 2019
Dear queriest, they married each other under Spl. Marriage Act, 1954. Hence your friend shall file petition for divorce in Family court under sec.27 of the said Act.
Guest
(Expert) 28 March 2019
What exact benefit you or your friend is going to get by knowing which law is applicable, when you cannot file a case without the help of a lawyer. Your friend should contact some local lawyer to deal with your friend's case, who would act as per the applicable law.
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