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Imran Ahmed Khan (Acco)     01 July 2012

Question about muslim women divorce


        I am a 19 year muslim girl, before two month my mother forced me for marrige and due to my mother force i am agree to get married but not from my heart, so i was get married firstly nikah and then court marrige, but now i  am not happy with my husband and his family, my husband always forcely s*x me and a i am always denay but he forcely s*x me very bad way. Now i want to leave my husband and want to marry with anater person, but one thing i know that my husband not easly divorce me and i am not directly asked to him for divorce till leaving his home, so i want to leave their home first,. So please tell me how can i get divorce from my husband under the legal way in considering  islamic as well as indian law and after how much time i get married with anather person, i wanna leave my husband and get second marrige as soon as possible.



 8 Replies

Tajobsindia (Senior Partner )     01 July 2012

@ Author,

Hire an advocate. he will guid eyou through.
2. You may shift to natal home till divorce process is through.

Muslim Women now have right to seek divorce. However, women divorcing their husbands is a rarity among Muslims, but what is even more rare is a woman who sends the talaqnama (divorce notice) to her husband by post.

Imran Ahmed Khan (Acco)     01 July 2012


      I also cant go to my natal home, can i leave with those person to whome i have to marry ?

Imran Ahmed Khan (Acco)     01 July 2012


      i am very tense, please any one can help me than he welcome, pls give you all your valuable answer it may be help me  for my future and my life.


Tajobsindia (Senior Partner )     01 July 2012


2.Your husband may file kidnapping case against the men and agent with whom you elope.
3.Best is to go to natal home on the pretext of celebrating Ramadan in July third week and or Eid-al-fitr in Aug. mid or as advised by your Advocate.
4. Tell the men and agent meanwhile to seek legal help by atleast consulting with an advocate locally.

Imran Ahmed Khan (Acco)     01 July 2012


    I was a load on my mother and now she lose these load, In between these two month she was not call me a single time, she never help me because we are five sister and all are the only load on my mother, i cant live on my mother home, can i live alone ? during all process and near about how much time it take to complete process.


Tajobsindia (Senior Partner )     01 July 2012

1. Suggested to stay with trusted relatives then.
2. Living alone in such emotional disturbed state is not advisable. Reason being (a chivalrous statement from me; be it so) society sees a single woman in different angle. Women always need protection from protector and provider in Indian context! However if you can get enrollment into a Single Women's Hostel / Women's Shelter Home and has a job in hand then may be with due deligence you may shift there for the time being.
3. OR lastly what we also notice is your grip on English sentences and good understanding of the issues you are facing in your youthful years; well in that case meet jointly (with present husband) a marriage counselor and a s*xologist to sort out s*xual issues in present marriage as stated in opening mid sentence of your query and then may be need for all these legal and social (outcast) situations may not arise in your case?

4. Legal remedy other than divorce such as Complaint under DV Act seeking protection order against no touch - no s*x - no contact while living under same shared household etc. etc. could be invoked / tried for but I feel for a 19 years old youth with not much natal home support it may be a tough situation she is being now put into are may be out view, hence I may not suggest invoking this complaint route option as alternate remedy followed by divorce eventualy.

See what other fellow advocate(s) may share as their views on your issues if any than what has already been suggested by us.

Fighting for a cause (Defending court cases )     01 July 2012

Is Nikah and Then court marriage a common feature in the muslim community now days. I thought Nikahnaama is sufficient as proof and confirmation of marriage. What is the difference between a court marriage and that of getting your marriage registered at the marriage registrar office.

Imran Ahmed Khan (Acco)     02 July 2012

Sir, Is it necessary that i take divorce in islamic way as well as by indian court or it is sufficent divorce only through the islamic way. Thankyou

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