Gul (Lead) 29 February 2012

Divorce

Respected Forum Members,

We are muslim. My father has secretly married his younger brothers wife (my Aunt) in Sep 2011. My mother cried a lot as she was betrayed. He now lives in Hydrabad, Andhra Pradesh. We have not seen his face since then and neither want to see in future. My mother undervent metal trauma and regularly sees a doctor. She wants to take divorce. Please guide through the process. We have not filed any case against him.

Please help us in making this possible.

Also please give an approx cost, that will be incurred in this divorce process.

Thank you

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2 Replies

Shantilal Pandya ( Advocate) 29 February 2012

Gentleman ,

your mother can obtain dfisolution of her marriage with your father by filing a suit for the purpose under the disolution of muslim marriage act , the grounds applicable on facts would be

1. Cruel treatment by your father with your mother by makig her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment,

2 Unequal treatment by your father among two wives i e not treating her equitably in accordance with the injunctions of the Quran,

3 .That the husband has neglected or has filed to provide for her maintenance for a period of two years;

4 That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 February 2012

Dear Querist,

In addition to the grounds above, however this divorce would be a contested one and may take some time, another remedy that you have is you can always try the mechanism of 'khula' by which your mother by giving up her of mehr/dower - may seek release from the husband, this is effective only if your father agrees to the same.