Advice needed ?

u can file a divorce petition and get exparte decree

u have to appear n conduct the  divorce proceedings as well as criminal case.

right nw since she s away they can but once when she s back her decision vl count

@lekhasankar

your last comments was it for my question ?

I have pronounced all three talaq as per the Islamic law & custom and has not pronounced all three at once.

The written copy of all the Talaq with signed Witness is filled in our local community mosque where the marriage was solomnized ?

However, the dispute of the settlement has not finished so an formal agreement has not been made.

We are seperated for more than one and half year now since I pronounced Talaq. So there are no grounds for a false 498 here.

My earlier marriage was definetely a mistake, but do not want to waste my life being alone whole my life. So if I get married again being a Muslim.

what are the grounds on which the former wife can create problems.

Can my second marriage be registered and considered valid.

Please advice me

Thank you.

Please advice me appropriately

Thanks a lot for the advice.She is afraid to go back to that house as her husband and family have been torturing her mentally and she did have access to only her bedroom.Other rooms have been occupied by her in-laws and she was not allowed to use any.She does not have any security to go their with her kid.They may harm her kid.What shall she do?.Kindly help her.

 

Ms. Nancy Joseph,

There is nothing for that lady to worry.  Now, Domestic Violence Act has come  into operation, she is nothing to worry.  Firstly, as the property is in the name of her and her husband, she has got the right on half of her property.  In addition to this, being his wife, she has got the "shared household" right in the property.

What she has to do is to move an application under Section 12 of the Domestic Violence Act seeking the half of the residential premises exclusively for the enjoyment of herself, husband and child.  Further, in this Act itself she can seek non-interference from the relatives (both male and female) of her husband and also protection orders.  Once she gets protection orders, no one can harm her.

The application under Section 12 has to be moved before the Area Metropolitan Magistrate and seek a direction for protection orders and the protection officer is an official from the area police station.  He will take care of protection of that lady.

Thanks a ton for the advice!.

Does it mean anyone can stay in that house without the consent of that lady,but with the consent of her husband?

Yes. As she is not the absolute owner of the property and is a joint holder along with the husband and the property is matrimonial home, the blood relations of husband are entitled to stay in the portion of husband with his consent.

Dear sir:

Already i have moved application under sec HM 13. Court have sent the notice to her once again before passing ex parte decree. Is the ex partee decree is asfe for me and can I marry again immediatly after getting ex parte decree from court.

Regards,

S.K.Jain

A divorce certificate or Talaqnama is a must....