LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

irfan sayyed   09 February 2017

A muslim men how to get divorce decree from court

How to get a court decree or divorce certificate by men side after talakh..talakh give before 18 month ago .give the experts answer..or advice


Learning

 5 Replies

Mukesh sharma (job )     10 February 2017

Hi if you file case in court for divorce than you got your order from court after final judgement given by judge and if you do it by himself as called three tiem talak , talak than not possible 

so you  need to file case in court and than you got your divorce order from court .

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     10 February 2017

Both parties need to approch Family court to get decree.

If Talaq is given one sided, then husband needs to file for declaration of valid talaq before Family court

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 February 2017

Family laws like DVA, 498A are applicable to all irrespective of religion. Shariats laws are applicable to Muslims in India. But High Court and Supreme court have appellate jurisdiction over shariat courts/laws also. Recently a question has arisen regarding the validity of triple talak. Hence if it was a case of triple talak appeal may fail. Is the divorce disputed by the former wife. If so you can go to the Family and file a case. Both the parties will be heard and the court may decide the case on merits. If the other party does not dispute, both of you together can submit documents as per Muslim Law and request for a certificate.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 February 2017

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act.
  1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.
  2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.

irfan sayyed   11 February 2017

No any provision in muslim personal law ?? Or another way .. to get decree by men side after talakh ?? I also pronounce three time talakh ..nd make talakhnama on 100 rs stamp paper nd we both r sign on this notary ..nd all papers submit in court than file the case but court said the case is not maintable ..nd advice ..to file new petition from ur ex wife .. according to dissolution of muslim marriage act ..but it's not possible to me ..so plz give me a best way 4 this

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register