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Divorce

(Querist) 05 October 2016 This query is : Resolved 
Hi all...please help me with a case that....there is a hindu boy married with a muslim girl and having a girl child who is 3 years old....now the boy wanted to devorce his wife and she do not want... as there marriage was as per muslim religion....boy do not have any document of marriage as all the documents contain by the girls's family....The boy met with a lawyer who helped boy to divorce as per the muslim law...with two witness and an maintainance amount of rupess 6000p.m. and that lawyer says that the documents will be posted to the girl's address....girl took iddat and meher money of rs136000..and then she told him that i never got the divorce papers so i will not accept this divorce..however boy have post office receipt showed as deliverd...and after 6 months of this divorce thing the girl forcefully entered in the boys house and said that i will not accept this divorce and live here and take the share in property....please be notified here that she never live here after marriage...she never wanted to live with his parents...both of them were livied in a rented house after marriage near her parents house...the boy was not living with her for past two years...now the boy met with another lawyer who said that the divorce done by the previous lawyer is not valid if girl is saying she will not accept it....please answer and provide your expertise.....thanks
Kuummaar AS (Expert) 05 October 2016
1 How the boy converted his religion before marriage?

2. By what way marriage was performed?

3. Tell exactly what type of divorce papers referred to by you were got prepared by the boy? How divorce was given?

4.You have said the boy was not living with her for past two years. Which two years?

5.By which mode amount of Rs. 36000/- was paid?

There are other questions also to reply the query properly.


adv.bharat @ PUNE (Expert) 05 October 2016
Author need to explain the query raised by expert.
ruchi (Querist) 06 October 2016
Here are the answers:Boy coverted muslim at the time of maariage not before that...marriage was as per the muslim religon...The lawyer prepared the divorce paper with two muslim witnesses...many times verbally wich she never accept then by a muslim lawyer with proper documented papers which also includes and mentioned iddat and meher money and per month maintainace of rupees 6000....money was paid by the bank transfer..
Ms.Usha Kapoor (Expert) 06 October 2016
If marriage was performed as per Muslim law it has to be dissolved by divorce in accordance with Muslim law. You pronounced Triple Talaq 3 successive months. In front of two witnesses and maintenance amount of Rs.6000 and return of Mehr amount. It i s a valid divorce as per Muslim law. The girl can't have a cake and eat it too.If you appreciate this answer please click the thank you button on my profile.
ruchi (Querist) 06 October 2016
Please give a solution that how boy can comeout from all this.....the girl is living with his family in another floor....girl's brothers are doing all this.Also the boy is all alone as he lost his father earilier mother is not well and very aged also he has only one elder sister...his sister also supporting that girl as she have aome personal grudge. The boy is helpless and going under diression.
Rajendra K Goyal (Expert) 06 October 2016
How are you concerned?

If the House is in the name of parents (hindu) and she never lived with them, she has no right to enter and live in that house.

Parents should call senior citizen helpline against the torture they are facing. After discussion from lawyer they should proceed to get court orders for eviction.
Kumar Doab (Expert) 06 October 2016
The senior citizen mother (owner) may act to evict them.
Dr J C Vashista (Expert) 07 October 2016
An academic query without relevant information and lacks concern of the author (may be professional if Ruchi is an advocate, which she has not mentioned in profile).
Ms.Usha Kapoor (Expert) 07 October 2016
Let us resolve the matter here.


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