DIVORCE & CHEAT
amjad ali
(Querist) 22 January 2011
This query is : Resolved
Sir,
I am muslim man married to a hindu lady in 2004 under Special Marriage Act in pune. We stay separately i.e she stays with her parents from 1 year as we have regular clashes from 3 years. She does not want to give me divorce, i have filed a petition in court for divorce. She has received 2 court notices but does not respond to it nor wants to contest the case. Now to my shock she has applied for a govt job in Assam without my knowledge & that too on her fathers surname. She has not taken a "no objection certificate" from me for changing her name. My queries are
1. Can a married lady use her fathers name on government documents without divorce???
2. Can a married lady apply for a government job using her fathers name without producing a divorce decree to the Selection Board???
3. Can I take any legal action against her for cheating me???
4. Is she liable for prosecution???
i want a divorce from her.
please reply
A V Vishal
(Expert) 22 January 2011
1. Can a married lady use her fathers name on government documents without divorce???
Ans. Yes there is no bar in law to use her Father's name/surname, in fact she can continue using the same even if she is married.
2. Can a married lady apply for a government job using her fathers name without producing a divorce decree to the Selection Board???
Ans. Marriage/divorce has nothing to do with government selection hence the divorce decree is irrelevant.
3. Can I take any legal action against her for cheating me???
Ans. You have to prove cheating, because of incompatibility you both are unable to live jointly, there is no cheating involved if you have both separated voluntarily.
4. Is she liable for prosecution???
Ans. NO
Khaleel Ahmed Mohammed
(Expert) 22 January 2011
Divorce matter is pending before court,further you stated that , she has not appeared before court. This will be advantage for you to get divorce exparte. A woman has liberty to seek job at her choice without the consent of her husband.
In reply to your Q.1 . Yes a married lady can use her fathers name on government documents without divorce very much.Every married woman's passport also issued in the name of father only.Spouce name mentioned in seprately.
Reply to Q.2. For applying government job there is no provission of law to produce divorce certificate or decree before selection Board. If the post or reserved for divorcee, then it will required.
Q.3. There is no cheating on her part as per the facts stated by you.
In reply to your Q 4. She is not liable for prosecution at all. Further note that, she can file dowry harassment case and maintenance case against you.If you want divorce , it is not in your hand as the right given under Mohammadan Law to every muslim husband. Here you have to face the legal procedures to get divorce.
adv. rajeev ( rajoo )
(Expert) 22 January 2011
First of all it is clarified you that it is not a cheating.
She has to apply for the job using her father's name because all her school documents contain her father's name. Your no objection certificate is not necessary to apply the job using her father's name.
Divorce certificate is also not required.
She is not liable for the prosecution.
While applying the job she has to produce the school documents, wherein her father's name will appear.
amjad ali
(Querist) 22 January 2011
Dear Sir,
Thank you for your valued reply.
Now i want to know the following points:
1. As per your reply a woman can do, live the way she wants. But the fact is she is not willing to live with me nor she is divorcing me. I am suffocated as i am a Govt employee i need to submit the Divorce Decree to my office only then i can go in for 2nd marriage & settle my life once again. Then as per your reply she can also re-marry without my consent & live happily wherever she is. please guide me
Khaleel Ahmed Mohammed
(Expert) 22 January 2011
If you are not a government employee, then also you can not marry another woman as you have lost your right given by the Islam. You have committed a big mistake. Wait and watch the result of your divorce case.
amjad ali
(Querist) 22 January 2011
Sir,
Please be clear i didn't get u. what do you mean that "you can not marry another woman as you have lost your right given by the Islam. You have committed a big mistake.
ON WHAT BASIS YOU ARE SAYING THIS PLEASE HELP ME.
AMJAD ALI
amjad ali
(Querist) 22 January 2011
Sir,
please do reply me m panicked with your answer.
Khaleel Ahmed Mohammed
(Expert) 22 January 2011
You stated in your query that you married hindu lady under special marriage act, and you have filed divorce petition, till the court grant divorce , you have to wait for second marriage, if you marry another women, it will amount criminal offence u/s 494 of IPC.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2011
You can not eat and have it too.
Fighting for minor things to damage others will harm you more.
