Muslim divorce law
Piyush
(Querist) 10 August 2013
This query is : Resolved
Hi,
One of my muslim freind is in lot of problem as she want divorce but her husband is denying it since last 2 years.
I wanted details on how a Muslim girl can take divorce, if his husband is not ready to give the divorce.
The girl was married before 2.1 years at the age of 16 yrs as per her parents order.
But as soon as she went to her husbands house she was mentally & physically torchered & beaten by his husband and her mother in law, even one day they were demanding money from this girl and when she refused to give them money, they made an attempt to burn her by putting kerosene over her body.
The girl called her mother & father & let them know what was happening in the first month of her marriage in her husbands house, her mother & father came to her husband house and took their daughter with them to their own house.
But since last 2 yrs the girls family is in court wanting divorce but the guy is not ready to give divorce.
What should be done to get the divorce ASAP.
Thanks for your guidance.
Piyush
7878442123
Devajyoti Barman
(Expert) 10 August 2013
Your ' friend' can file case under DISSOLUTION OF Muslim marriage Case for divorce sere she can claim for maintenance as well.
Piyush
(Querist) 11 August 2013
Thanks Mr.Barman for the reply.
Wanted to know that how long it takes in court to get the divorce, as the case is already running since last 3 yrs. & every hearing date the boys advocate comes with a reason that why the boy can not come to court, & then the next date id given.
adv. rajeev ( rajoo )
(Expert) 11 August 2013
It is the duty of your friend's advocate to press for the early hearing
V R SHROFF
(Expert) 11 August 2013
DISSOLUTION OF MUSLIM MARRIAGE ACT, 1939 [ Act Mo. 8 of 1939] Apply.
If ground for decree of dissolution of marriage u/s 2 are complied with,
"and "
If boy remains absent consecutively for 3 days or more, Advocate can demand Ex- Parte Order.
Devajyoti Barman
(Expert) 11 August 2013
3 years is too long for this case to remain stagnated.
Go to high court for getting order for expeditious hearing.
Nadeem Qureshi
(Expert) 11 August 2013
file a divorce case on the ground mention in section 2 of Dissolution of Muslim Marriage Act.
prabhakar singh
(Expert) 11 August 2013
The divorce case is already pending he says.
What ground has been taken?
Sudhir Kumar, Advocate
(Expert) 11 August 2013
you have been advised well. Now let you friend contact her lawyer.
Raj Kumar Makkad
(Expert) 12 August 2013
It shall be better to post the grounds of your petition so as to understand your problem in better way.
Dr. Jyothi Vishwanath
(Expert) 11 August 2013
