Plz guide me sir?
mohd nafees
(Querist) 07 May 2013
This query is : Resolved
Dear Sir,
I married in 2005 at my wife parenatl home Bhopal and after all efforts of 8 years my wife is not ready ti staying with me and my old parents at Kanpur,When i went to last time for rukhsati she and her family abused me and said if you want to live so leave your parents and live at her parenatal home when i denied so she filled a maintanance Crpc 125 case at bhopal court. I am suffering this condition from past 8 years menatally and she just want to harassing me as much as she.
Because I am a Muslim so finally I send a TALAQNAMA under muslim law 'sharih' Talaq AHSAN so my Question is my divorce has compleated? or I have to file also a divorce petition at BHOPAL or KANPUR?
PLZ GUIDE ME SIR?
Advocate M.Bhadra
(Expert) 07 May 2013
If your marriage is concerned under Special Marriage Act then you can file a Divorce suit in Bhopal or Judicial Divorce under Muslim laws in Bhopal.Please read the following information:----
According to various evidence, most Hindu-Muslim marriages are performed by Nikaah only and in a few cases by civil secular wedding. Nikaah is performed after conversion of the Hindu spouse to Islam and in presence of a very few relatives from the former Hindu spouse. In a few cases, the Hindu marriage is also performed after the Islamic Nikaah. However, after conversion, this Hindu marriage is a totally functionary not customary, because it is a Muslim-Muslim wedding performed by Hindu priest in presence of all Hindu Gods! Generally, in the Hindu ceremony Muslims relatives will not attend because Gods other than Allah are being worshiped. At least as far now, there is no fusion of Hindu-Muslim marriage rituals.
A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court.
There are two categories of divorce under the Muslim law:
1) Extra judicial divorce, and
2) Judicial divorce
Raj Kumar Makkad
(Expert) 07 May 2013
You need to get a Fatwa from a Kazi in the given matter.
Devajyoti Barman
(Expert) 07 May 2013
If you have already given talaq which ahs been registered by the recognised Qazi, then no need for divorce from court.
You have to send he Mehr amount at once.
mohd nafees
(Querist) 08 May 2013
after she filed a maintanance at bhopal so i filed a rukhsati case at kanpur so after sending the Talaqnama shoud i withdraw this case?
prabhakar singh
(Expert) 08 May 2013
Is it also to be asked???
Great man after divorce does a case of RUKHSHATI (RCR)left?
Withdraw it at once by an application stating that you have divorced her,paid her
mehar,and communicated her the talaq by so and so mode,hence relief of RUKHSHATI (RCR)
has gone redundant.
