Shariyat law

Arvind Singh Chauhan (Querist) 01 November 2012 This query is : Resolved
Sir in 125 matter I am from the side of husband. Wife is second wife of OP. But she is not divorced from her first husband.

What are requirement/ condition to prove legal marriage ?

If she produces her divorce or assert that she has got from her previous husband how can I disprove this fact.

What are necessary conditions for a valid divorce to be proved in court.

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Raj Kumar Makkad (Expert) 02 November 2012
If the lady having a decree of divorce duly issue by a Court of competent jurisdiction is the only proof of a valid divorce and only in that case such lady can claim for maintenance and one thing is more that such decree must have been passed prior to the second marriage otherwise second marriage is void.

Arvind Singh Chauhan (Querist) 02 November 2012
Thanks a lot Sir ! for the quick help. Sir is their any citation that there must be court decree for a valid divorce in Mohamaddan Law, specially where three times speaking of "Talaque" is enough.

Sir whether Lady should show decree of court in place of saying only that her husband has given divorce in front of two witness. What may the effect if she produces such two witnesses also.

prabhakar singh (Expert) 02 November 2012
In a Muslim case their personal law is applicable for which no divorce decree of court is required.

She can orally prove divorce .

Khaleel Ahmed Mohammed (Expert) 02 November 2012
I agree with Mr. prabhakar.

prabhakar singh (Expert) 02 November 2012
I AM OBLIGED BY AGREEMENT OF OPINION EXPRESSED BY MR. Khaleel Ahmed.

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