Iram Jafri (Other) 08 June 2014
I am a Muslim women recently being divorced by my husband sending a letter stating final divorce(including name, address, reason etc). I want to know is this piece of paper is equivalent to the court issued divorce decree? If not then do i need to go to court to get it done as it is a very important document.
My second question is regarding the custody of my child who is a minor. How can i get custody from court?
Dr J C Vashista (Advocate) 09 June 2014
Writing on a piece of paper is an invalid talaq as per Muslim Law. It has to be pronounced thrice, challange the letter to get it declared illegal and ultra virus.
Move a petition u/s 12 and 25 of the Guardians and Wards Act for permanent (and interim) custody of minor, which you will get.
Engage a local lawyer.
Iram Jafri (Other) 09 June 2014
| Originally posted by : Dr J C Vashista 9891152939 | ||
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Thank you for your reply but it is written thrice and pronounced thrice also. |
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Anand Bali Adv. (Advocate Solicitor & Consultant) 09 June 2014
If it has been pronounced thrice by the husband then it is a Divorce under the Muslim law and you can demand the Mehar Amount against it.
As per the Custody of the Child is concerned you have to apply under sec 12 & 25 as per thye Ld. Dr Vashishtha's advise.
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