A.S. Bhatti (Manager) 22 September 2014

Looking for divorce...need help

Hello experts, My query is regarding seeking divorce from my wife. I am married to a muslim girl under muslim marriage act. I never converted in Islam but for the wedding purpose my inlaws suggested me to change my name to be written on marriage certificate. As my educational certificates and passport has my original name. I requested for two marriage certificates one with the changed name and another one with my original name. all other details on both the marriage certificates are same except my name. It has been three and a half years now since I got married. Now things are getting unfavourable and worse day by day due to my wife's behaviour and unnecessary damands and also unsatisfied s*xual life. After having a discussion with her, both of us decided to get divorce by mutual understanding. I am also ready to pay the amount of 'Mehar' which I agreed at the time of marriage. My query is, as I got married under muslim marriage law, can we divorce in front of the muslim priest and two witnesses by saying "Talaq" three times. Or we need to appear in front of the family court for seeking divorce. If the above said method of divorce is ok, what kind of divorce certificate or deed I need to take from the priest, like any talaqnama or divorce deed etc. Seeking your advice and guidance. Thanks and regards. A.S.

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12 Replies

Adv Archana Deshmukh (Practicing Advocate) 22 September 2014

There is no muslim marriage act. If you are not a muslim and still have solomnized the marriage by way of 'nikah' then, the marriage itself is void as both the parties should be muslim for that. Merely taking a muslim name will not validate the marriage.

A.S. Bhatti (Manager) 22 September 2014

Do you mean that if I had not been converted to Islam and done Nikah just.by.changing the name this marriage isnot legal? In such case what consequences I will have to face for seperation and what will be the correct way of seperation?

A.S. Bhatti (Manager) 22 September 2014

PS: let me correct here..marriage was done under Assam Council Act under the seal of Muslim Marriage Registrar. But i was not converted to Islam.

sandykrish (Interested in Family LAW) 22 September 2014

Marriage is null and void. But you will be subjected to Sec 376 IPC.. Try to amicably settle the matter appoint a local lawyer.

A.S. Bhatti (Manager) 22 September 2014

But sec 376 IPC is relates to rape. In this case eventhough this marriage is null but bith of us were adult and signed the marriage certificate and living together like a married couple. And i was not aware thatthis marriage will be void if I dont convert the religion. You have put me under tension now. :(

A.S. Bhatti (Manager) 22 September 2014

sandykrish (Interested in Family LAW) 22 September 2014

This is the fact you have to face it no options if your wife is smart with beauty.

Jimmy (Manager) 23 September 2014

Do not worry at all. Intent and motive are required in this case and your intent and motives were certainly not to mislead your wife in any way as you yourself was not aware that the marriage is void. In fact, you can say that you were not aware of Muslim laws and blindly followed your in-laws guidance. You should not take the position that the marriage is NOT void so your intent is established at all times and saves you from false allegations of rape in the future. At some point when the other party says that the marriage is void, then thats when you pounce on that opportunity and use their position but at all times maintaining that you were not aware that the marriage was void (if indeed that is the case. I am not an expert in Muslim laws, I am not even an advocate!)

Jimmy (Manager) 23 September 2014

Correction: You should ~~not~~ take the position that the marriage is NOT void so your intent is established at all times and saves you from false allegations of rape in the future.

A.S. Bhatti (Manager) 23 September 2014

Thanks for your motivating comments. Ofcourse my motive and intent was not tp mislead anyone in anyway. Even i respected their culture and accepted that we had got married in the court of God. Even sinve last few months I am trying to resolve the issue by talks with her and even with my inlaws and have recorded everything just to be needed in future. In these talks my intent is clealy shown to resolve the matter and to move on to right path. I hope if this matter doesnt get solve out of the court, Court will accept these recordings as valid proof in my favour. Fingers crossed. Thanks again.