Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anuradha goyal (member)     20 January 2012

Muslim divorce procedure

Hi experts

                I have one query.

Both husband and wife are muslim.Husband wants divorce through court..Divorce to be filed under muslim personal law or muslim divorce act. Can I get the perforforma of the same. After the filing the divorce can wife ask for mehar by filing petition in a court.



Learning

 14 Replies

ravisankar (advocate)     21 January 2012

you can file a suit for divorce before the court of law. the proforma is just like a plaint. wife can ask for mahar.

engineer222 (none)     21 January 2012

i am not an advocate, but, as i am aware, there is NO such law as MUSLIM Divorce in indian courts.... you can go to a Kazi/masjid imam or WAKF BOARD and tell that you have given 1 talak to your wife and the kazi can issue you a TALAK NAMA and that is LEGAL divorce for muslims.  make sure that you give your wife mahar in BANK CHECK format dont give cash.

if you go to courts, then the process may become very very long, IF you wife files for 498a, maintenance, alimony, DV etc etc....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 January 2012

DISSOULUTION OF MUSLIM MARRIAGE ACT 1939.

anuradha goyal (member)     22 January 2012

but under which act it will be filed plz clarify

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 January 2012

under above act .

Ashish Chakravarty (Advocate)     22 January 2012

As far as i know the remedy under the abovementioned act is available only to females and not to males. A muslim male cannot seek divorce under Section 2 of the said act. If there is any citation saying otherwise please do mention it, it would be of my use too! A Muslim male is governed by his personal laws, you may want to read the Mulla's commentary where various rules of Shariat and Forms of Talaq like Talak ul Biddat, Talak ul Sunnat, Khula etc are discussed in detail, however if your wife agrees to file the petition for divorce then she can take full recourse of the abovementioned act however not the husband alone.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 January 2012

yes it is for woman only.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 January 2012

Muslim male can go for triple talaaq.

 

 

Regards,

 

Shnee Kapoor

harassed.by.498a@gmail.com

engineer222 (none)     27 January 2012

""According to my knowledge, a muslim man can give divorce to her wife himself but he is then answerable to law in , Muslim Women (Protection of rights on divorce) Act 1986, act.

Then what is the use/benefit of giving talaak himself ?

If he has to face court/law/police then isn't that advisable to him that hee himself apply for divorce in court to prevent future problems ?"""

you are right that  even after giving Talak in islamic way through the kazi or masjid imam.... the wife can still file cases against the muslim man in the indian courts and he will be subjected to all the harrasments through the courts.. .... now coming to the benifit ___> HE CAN REMARRY IMMIDIATELY AND DOES NOT HAVE TO WAIT FOR 10 YEARS TO GET A LEGAL DIVORCE AS INT HE CASE OF HINDU DIVORCE CASES PENDING FOR SO MANY YEARS......... so at the end the BENIFIT IS -- muslim man can get another LEGAL wife in home the NEXT DAY HE GIVES ISLAMIC TALAK.......

engineer222 (none)     27 January 2012

under islamic sharia it is UNDESIRABLE TO GIVE " TRIPLE" TALAK , even 1 talak will suffice the purpose of divorce.

engineer222 (none)     28 January 2012

"Giving talaak is not necessary to marry again in muslim law. No use of giving talaak."

To Zeeshan:

the question here is ; both wife and husband are muslim and what to get divorce.... so talak is necessary for wife to get free and she also can re-marry in short time after receiving talak from husband...hence talak is necessary in this case....


(Guest)

According to Personal Law Muslim can Marry WITHOUT divorcing his present wife. And up to 4 marriages is permissible and recognize as legal. Now If Indian Muslim Husband wants to divorce his wife. He can surely give BUT there is no guarantee that divorcee wife will harass him in Indian courts. BEST part is let wife ask for khula and that can be done if Man marry second time and bring his new wife at same Matrimonial home ans ask first wife to re join :-)
Muslim wife can't remarry untill divorce but Muslim Husband can do Nikah again, this is the benefit.
Divorce is of no Use to Indian Husband weather Hindu or Muislim. There is no safe guard to either side, that after divorce their Ex will harass them with cases to take revenge.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

However when a muslim male married without consent of first wife, it becomes the ground for seeking Khula to that wife.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

However when a muslim male married without consent of first wife, it becomes the ground for seeking Khula to that wife.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading