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MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

How to divorce muslim woman legally

we got married 3 years back. we have one kid. I came to US last year. she came to US 3 months back and she went back to india 1 month back. She complained US police and a criminal cas has been filed against me. I am out on bail now. My lawyer hopefully says that the case will be dismissed without victim being here. I am planning to divorce her. What are the legal options I have now?. I do not want to return to India. I can file ex parte divorce in US. Please advise me.



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 12 Replies

KS Johal   08 September 2016

Has she got PR in the US?
1 Like

KS Johal   08 September 2016

Has she got PR in the US?

MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

No. She has valid H4 visa until July 2018

dr g balakrishnan (advocate/counsel supreme court)     08 September 2016

No so easy friend.

MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

Can you please explain with some descripttion..

MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

Dissolution of MMA 1939, Sec. 2(a) is for woman not for man. sending Talaq in email , Is it legal? Our marriage happened in islamic traditional way and then it was registered as per Tamilandu Marriage Act 2000. Please advise.

MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

Can you explain how to submit Talaq if I am not in india? Can I send registered post from US?

dr g balakrishnan (advocate/counsel supreme court)     08 September 2016

once married tried to adjust and live within that framework. Else more and more problems if one fails to adsjust, after all every marriage is a matter of adjustment. Besides the jurisdiction levels also affect the crimes, if wrong jurisdiction police or court handles the matter the matter gets dismissed, so not easy  In addition legal expenses might mount and yet you may not get desired results.,sir. tks.

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MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

She is not ready to live with me. She filed false accusations. I am already defending criminal case domestic violence in foriegn country. she and her family created a trap already. How can I think about living with her? Sorry for saying this.  Any woman who want to live with her husband, does she complain to police in foriegn country? 

P. Venu (Advocate)     08 September 2016

Divorce in the USA is possible under the due process of Law, not under the procedures enshrined in the Shariat.

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MOHAMED AKBAR (Senior Systems Engineer)     08 September 2016

Divorce obtained in USA ex partee divorce decree. Is it valid in india if summon is served to her in india by email or any courier with acknowledgement due or publications in India news papers? I am looking for Civil divorce decree which is valid in india and USA. If does nor appear in USA court, I will get divorce decree in 3 months. Sending Talaq. She can challenge at any point of time. Please provide and advise me with options, She has valid visa to come back to USA.

P. Venu (Advocate)     08 September 2016

Since the cause of action, her desertion and filing of crimnal cases, has occured in USA, it is my considered opinion that you can approach the Courts there - the State Courts, not the Federal, - for obtaining the divorce. However, it will be better if the action could wait till the diaposal of the pending criminal cases. 

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