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Zulfikar Abdulziz (IT worker)     12 June 2010

Advice needed ?

Could Anybody advice pls ?

Am a muslim and have pronounced two TALAQs first, and after the prescribed IDDAT period a Third and final TALAQ was Pronounced. A final settlement have not happned due to disputes over the amount asked by the girl.

Therefore a formal divorce agreement does not exist.

Am considering a re-marriage:

1) Can I remarry outside india like dubai/Saudia without a divorce document ?

2) If I can remarry, how can I register that marriage in india ?

Thank you



Learning

 25 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     12 June 2010

you cannot marry without DIVORCE CERTIFICATE

Zulfikar Abdulziz (IT worker)     12 June 2010

Thank you sir, for your reply.

As far as I know, being a Muslim I'am permitted to marry more than one. In this regard, May I know, why a divorce notice is required ?

Please comment ...

Thank you

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     12 June 2010

Mr Reddy has told you the law. But  LAW  does not allow you to live. If your partner is commited and ready to stand by you in thick and tin go ahead and enjoy life. Unless your new partner creates problem do not worry.

Zulfikar Abdulziz (IT worker)     12 June 2010

Thanks for all the valuable advices.

Based on the comments that am getting. I would then choose not to declare the present divorce situation and would proceed for a second marriage. My Partner is ready for this. But then.

Will I be able to register this marriage in India.

 

SKJain (partner)     12 June 2010

I moved application for divorce under sec 13 in the family court against my wife who is living seperately from the last 13 years in another city. She is my second wife and first wife expired in an accident before 15 years. Before 1st hearing i mutually settled her with Rs 15 lacs for her permanent alumane and she moved one affidavit to family court against my application that she has got the amount of permant alumane and now not interersted to come to court and ready to take divorce and will accept the court decision.

Please advice me, will the court can grant decision of divorce on ex parte basis in my favour as my wife will not attend the court hearing in any case. One of my lawyer friend told me that court can reject my application as my wife is not attending the court and court may have some suspect of mutual agreement of parties outside court.

Please advice should I agree my wife to attend the court hearing once or should wait the court decision on ex parte basis.

SKJain (partner)     12 June 2010

My wife moved the affidavit to court by registrered post for not attending the court  and she is ready to take divorce from me. I wish to emphasie that till today my wife not attended the court yet and nor will attend in future.

Zulfikar Abdulziz (IT worker)     12 June 2010

Attn: SK Jain,

If you want to ask question. Please start  another Topic/question

Do not post Questions to start a new discussion where the Initial Question / Discussion has not been concluded.

I hope the message is Loud and clear to you.

Thank you

Anil Sareen (Relationship Manager)     13 June 2010

My wife has applied for divorce in family court under sec 14 as we have not completed one year.

Earlier she had also Lodged A fir Against me under sec 498 A and 406.

Please help me in this.

I am also looking for family Lawyer who can Handle this case.
 

Adv Archana Deshmukh (Practicing Advocate)     13 June 2010

No body can help you without knowing the facts of the case. It'll be better if you engage a good lawyer discuss your case with him and follow his advice.

Nancy Joseph (supervisor)     13 June 2010

Hi,This is in reference to a query to be answered in 'Jagrathasamithy' which is a cell against domestic violence .

It will be very helpful if you can help me with your opinion.

The complaint is from a lady who is pregnant and expecting a baby in less than a month.She has got a house in her and her husband's name .Her in -laws(mother-in law who is a window who has got her own house which her husband left for her and has got family pension also and brother -in -law who is 26 years old) are staying in her house without her consent,but with her husband's consent.Now she is staying with her parents for delivery.Do they have any right to stay there without her consent?.Anticipating your valuable opinion quoting rules.

Thanks in advance.

lekhasankar (lawyer)     13 June 2010

if ur taaq is as per ur law  and valid  

u can remarry

lekhasankar (lawyer)     13 June 2010

it is not dvorce notice, if ur talaq is not according to ur law u hav to approach the court to get a decree of divorce

lekhasankar (lawyer)     13 June 2010

u can file a divorce petition n court n  if she s not appearing after receiving the notice from the court u can get a decree of exparte decree

lekhasankar (lawyer)     13 June 2010

without having a legal divorce u cannot remarry and if at all u do it vl b void


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