Civil Procedure Code (CPC)

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Fighterr 26 (GOVT.)     07 January 2017

Divorce procedure for a muslim person

I am a muslim person. I married according to Muslim Personal Law. With in 3 month of our marriage my wife filed 498a against me and all my family member. After a long battle lastly we won the case in the year December 2015.

In which section I have to file Divorce application on cruelty ground? If I file Divorce application on cruelty ground then Whether I have to pay the MEHR (DOWER MONEY) or whether the Judge can order to pay the dower money the girl?

Please seniors advice......



 4 Replies


(Guest)
Originally posted by : Fighterr 26
I am a muslim person. I married according to Muslim Personal Law. With in 3 month of our marriage my wife filed 498a against me and all my family member. After a long battle lastly we won the case in the year December 2015.

In which section I have to file Divorce application on cruelty ground? If I file Divorce application on cruelty ground then Whether I have to pay the MEHR (DOWER MONEY) or whether the Judge can order to pay the dower money the girl?

Please seniors advice......

Dower you should have given right after nikah to her before you had se x with her.  Now it is turn for you to  simply repay what u took from her or her father in court, now that 498a is dismissed you actually did not take anything from her or her father, so you need not pay her anything now.  Prove cruelty as 498a got dismissed and take divorce.

R.venkatesh Naidu (.)     08 January 2017

you can file an application under the sectiion 27 of special marriaage act, 1954 seeking remedy

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     10 January 2017

If you have perform Nikah, you can give her Talaq citing ALL the reasons you mentioned above. 

Dont give 3 Talaq, Give her ONLY 1 Talaq-e-Bain.

Feel free to contact

Fighterr 26 (GOVT.)     15 January 2017

@ Zoheb Khatri sir, If i give her one talaq and in the next month 2nd ans subsequently 3rd... will the court accept it?? Whether I have to repay the dower or not? In my nikah nama all the dower are Prompt dower.... my dower amount is a huse amount..... from the very first day they planned to trap me....

 

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