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Curious22 (xyz)     19 April 2013

Divorce laws in india

Hi,

Indian Law states that Divorces will only be allowed or accepted only after 1year of marriage that too if there is a strong reason.

If the boy and girl married secretely without informing their respective families and stayed at their respective homes and after their families came to know about their marriage they forced them to take divorce within 9months of their marriage.Then is this Divorce valid ?

There was no reason for the Divorce,the boy and the girl never stayed together after they married.

 

Here the guy and the girl married acccording to Muslim Law (Nikah) and was separated through Khula (Divorce according to muslim law)

Even in Islam, Forced Divorces are not Valid.(Al Mughni-10/352)

 

Please advise...



Learning

 4 Replies


(Guest)

The one year rule is applicable in only those divorce cases where one party dissents to divorce and the other has to file case for getting a decree of divorce on proving reasonable grounds for divorce. This waiting period is not applicable to Muslims.

 

According to Muslim Law, Khula is a valid Talaq, in which a Muslim Wife offers compensation to her Husband for releasing her from marriage tie. If the Husband accepts the offer and receives the compensation then he shall release his Wife from marriage tie. If the Husband first releases His wife and the compensation remains unpaid, the Husband can rightfully demand it and can also file a case for recovery of it. A Muslim Wife can also offer to surrender her unpaid 'Meher' to her Husband in lieu of Khula Talaq.

If the Khula between the Boy and the Girl, was with valid consents, then it is a valid Talaq.

Advocate Sandeep Naik

Curious22 (xyz)     20 April 2013

With valid consents ??


(Guest)

@Querist,

 

1.At least two year required for divorce even with consent of the parties involved thereof.

 

2.At least one year required for 'Judicial Separation' even with consent.

 

The proof of marriage must be there.'Staying Together' theory won't work in your case.


Note-This reply is taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Curious22 (xyz)     22 May 2013

Thank you for ur reply.

 

Like you mentioned, \1.At least two year required for divorce even with consent of the parties involved thereof.

 

2.At least one year required for 'Judicial Separation' even with consent.

 

 

Then basing on the above mentioned scenario,what do you suggest ??


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