divorce
Mustafa Bhat
(Querist) 14 May 2015
This query is : Resolved
The husband & wife both are Muslim & married in 2008 as per Muslim personal law,how ever after 4 years of marriage & birth of baby boy the husband abruptly posted divorce to the lady, the divorce was not received by lady, the lady filled the suit for maintenance in court of law for her self & baby, on get the notice from court the husband filled the reply in court were in he claimed to have divorced the lady , were in he has also mentioned that the lady is having mental problem, witness were called from both sides ,witness has been closed by court but till date the author/ writer of divorce deed is not know. So please advise what is the credibility of such divorce deed in the eye of law as per Muslim personal law.
Rajendra K Goyal
(Expert) 14 May 2015
Full case file need to be referred, consult local lawyer dealing in Muslim personal law.
Mustafa Bhat
(Querist) 14 May 2015
My submission is out is its credibility when author of divorce deed is not know yet
Sudhir Kumar, Advocate
(Expert) 15 May 2015
repeated
http://www.lawyersclubindia.com/experts/divorce-537741.asp#.VVVGtPCupVI
Devajyoti Barman
(Expert) 15 May 2015
The divorce has no connection with the right of maintenance.
Even a divorced muslim lady is entitled to divorce till she is remarried.
M V Gupta
(Expert) 15 May 2015
The issue raised is similar to the one raised in the reference given by Expert Mr. Sudhir Kumar. detailed replies are furnished in the said reference.Querist may see the reference given by the expert.
Nadeem Qureshi
(Expert) 17 May 2015
Dear Querist
If the talaqnama signed by the husband & two witnesses then the talaaq is valid but the husband should pronounce talaq thrice and pay the Mahr and three months iddat period maintenance and special provision for her as per Quran and Islamic Law then only the talaaq will be completed.
apart from this after talaq also the wife may claim maintenance if she is unable to maintain herself.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
Well advised by experts, the divorce whether proved or not, the Muslim wife is entitled to maintenance u/s 125 cr.p.c. which cannot be brushed aside by the husband on some flimsy reasons.
