Divorce
aliya
(Querist) 01 April 2016
This query is : Resolved
MY HUSBAND FILED A DIVORCE PETITION IN COURT CLAIMING HE DIVORCED ME ACCORDING TO SHARIAH LAW. I DO NOT ACCEPT TALAQ BECAUSE THERE IS NO WITNESS OF THAT AND I WAS NOT PRESENT AT A PLACE MENTIONED IN DIVORCE PETITION. DURING MEDIATION MY HUSBAND SAID HE CANNOT TAKE ME BACK BECAUSE HIS FAMILY DOESNT WANT THAT AND IALSO RECEIVED A CALL FROM HIS RELATIVES THAT IF I WANT COME BACK I HAD TO FOLLW THEM AND THEIR ORDERS. HIS LAWYER IS ASKING FOR FATWA. MY QUESTION IS DO I HAVE TO PRODUCE FATWA?ARE FATWA ACCEPTABLE IN COURT CASES
Devajyoti Barman
(Expert) 01 April 2016
No need for Fatwa.
You have to first file a declaratory suit challenging the validity of the Talaq and seek injunction on his remarriage.
Then enter into the matrimonial home .
If you face any resistance you can file case under PWDV Act for residence order and monthly maintenance.
Rajendra K Goyal
(Expert) 01 April 2016
Well advised. Agree with the expert Devajyoti Barman.
atul
(Expert) 01 April 2016
Fatwa carries no legal sanctity, fortunately.
Accept CrPC provisions and provisions as correctly suggested.
Pray Court for your legal expenditure and maintenance amount.
A. A. JOSE
(Expert) 02 April 2016
I too endorse the views expressed by the experts. Further, Petitions/PIL challenging the validity of Talak divorce under the Shariat is presently before the Hon'ble Supreme Court and you may watch for the final outcome shortly. The verdict of the apex Court is expected to settle the issue once for all.
