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izas (student )     01 May 2015

Need advice on marriage

Please advice me.

I was married in 2013,  my husband and in-laws harrassed me a lot for money.  In 2014 i had baby boy, my husband wants to divorcee me because i refused to do job. As my baby is premature he needs my care, thats why i decided not to do job. My family tried to sort out but no use. Even he didnt paid my baby hospital expences. From march 2014 I'm at my parents residence. In august 2014  he has sent talaq. I filled 498a  case for the harassment. . In October  he filled custody of our kid who is now 11 months old. He is blackmailing  me to take back 498a  case or else he will  take my baby.

 

Please help on this  questions :

1. As per muslim  law  is my divorce  done.

2. If i take divorce  certificate  from qazi, does my dowary case will be weak.

3. If the divorce  is done, can i marry again. 

4. If i want to remarriage  does it effects to 498a  case.

5. If I marry does it effect to my kid case.

 

 

 

Please  help  me. 



 2 Replies

bsrao   01 May 2015

1) If the talaq is attested by Quazi and two witnesses, then the divorce is done. You can file for maintenance.

2) Yes. You cannot file 498A after talaq.

3) Yes. You can marry again.

4) Irrelevant after above answers.

5) You are the best judge to know whether it effects your kid or not.

 

 

saravanan s (legal advisor)     01 May 2015

498a can be filed even after divorce but you need to convince the court for the delay in filing

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