Muslim divorce
AZAD
(Querist) 16 June 2014
This query is : Resolved
Respected Members
Can a Muslim Husband file a divorce petition under any of sections in regular court on the basis of the grounds that his wife is continously dragging him in sec 12 DV act and other cases also there is no chance of compromise. Husband is ready to give one time settlement.
HELP............
adv. rajeev ( rajoo )
(Expert) 16 June 2014
He can file suit for declaration under the muslim law but grounds are required.
Dr J C Vashista
(Expert) 16 June 2014
Divorce under Muslim personal laws is the most easiest, least efforts and time consuming, any time and of course comparatively economical (which do not need any legal professionalism or interpretation of law) then why to go for litigation?
Devajyoti Barman
(Expert) 16 June 2014
Only Musk=lim woman can file suit for dissolution of marriage.
Muslim husband can give triple talaq .
However the ground you have mentioned is not fit for divorce.
R.K Nanda
(Expert) 16 June 2014
agree with experts.
Rajendra K Goyal
(Expert) 16 June 2014
He can give triple talaq to wife, no need to file divorce petition.
ajay sethi
(Expert) 16 June 2014
if oyour wife has fieled DV case against you contest case on merits . it is not a ground for divorce .
you need not go to court to divorce your wife . muslim personal law provides for giving talaq
Raj Kumar Makkad
(Expert) 16 June 2014
Muslim need not opt for such typical procedure rather he can avail the system of triple talak according to Muslim Personal law.
T. Kalaiselvan, Advocate
(Expert) 17 June 2014
Muslim male can seek divorce only as per the procedures followed as per Muslim personal law, i.e., pronouncing Talak either in the Mosque or any where as prescribed in the personal law. Unlike, a Muslim woman can seek divorce through a court of law under Dissolution of Muslim Marriage Act, 1939. Hence, approach your jamaat or mosque authorities for proceeding further on this aspect.
Lawyer SALEEMA KABEER
(Expert) 18 June 2014
With great respect, I partialy disagreeing with the opinion of Mr. Kalaiselvan on the point about the role of Mosque in Muslim divorce or talak. The Mosque is meant only for prayer nothing else.
As per Mohamaden Law, talak or divorce will effect only after three iddat period (about 3 months) from the date of communication of husband's intention to his wife directly or other mode of communication in the presence of two witnesses, and on subject to the payment of all due to her, such as 'mahar' and maintenance for the iddat period and their physical separation.
As for as Muslim woman right is concerned I am agreeing with his opinion that she can seek divorce by invoking the provisions of Dissolution of Muslim Marriage Act.
AZAD
(Querist) 24 June 2014
Thanks to all great Counsellers in this subject
ajay sethi
(Expert) 24 June 2014
thanks for your appreciation
Devajyoti Barman
(Expert) 24 June 2014
yes Ms Kabeer has effectively described the mode of talaq.
Devajyoti Barman
(Expert) 24 June 2014
To add little, in WB the registered Qazi who gives talaqnama are mostly available in Mosque only and people visit mosque for this purpose as well.
Raj Kumar Makkad
(Expert) 24 June 2014
Divorce can also be obtained from Sharia Courts established in some States.
