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HIDAYATHULLA KHAN (Business)     01 June 2010

BAIGAMY

AFTER DIVORCE AS PER SHARIATH A GIRL IS MARRIED TO OTHERS , AFTER A GAP OF TWO TO THREE YEARS THE FIRST HUSBAND HE IS ALSO MARRIED WITH TWO KIDS COMES AND FILES A CASE STATING HE HAS NOT DIVORCED , AND IS CHALLENGING THAT HIS SIGNATURES ARE FORGED . THE DIVORCE PAPERS WERE SIGNED AND FAXED AT THAT TIME WHEN HE WAS ABROAD ONLY TO WITHDRAW THE DOWRY CASE FILED AGAINST HIM , THE WITNESS FOR THE PROCEEDINGS WERE HIS FAMILY MEMBERS AND THE MASJID COMMITTEE WHO HAVE ALSO SIGNED ON HIS BEHALF AND GIVEN AN UNDERTAKING. IS THIS VALID 



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 1 Replies

A V Vishal (Advocate)     01 June 2010

The witnesses are most important at the time of signing the document at aboard since the talaqnama was faxed from there. However, in case the family members of the bride have confirmed the fact before the qazi granting the talak then it should not be a problem. The witness of the qazi who is an independent third party is crucial.


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