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Momin Siddique   14 March 2018

Divorce

I am due to get married in Dec. I m divorced n my marriage was not registered neither the Divorce. Can the ex-wife still interfere in my current marriage even when she signed the Talaq notice in front of all my family members & hers.

please advice.


Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     14 March 2018

If you have got Talaqnamma with you, you have nothing to worry as that is sufficient proof of divorce with you as for Indian Muslim marriage divorce is final through Talaq process done in presence of Quazi and witnesses, duly signed and registered by the Quazi in his records. Courts in India consider that valid proof of divorce for Muslims married according to Muslim marriage.
1 Like

Momin Siddique   14 March 2018

Thank you so much for answering. Your answer was very simple and quick to understand specially for layman like me. However Mahajan sir, if at the time the Divorce notice was filed only the family members were present and the qazi. Can I now provide the notice to the Qazi. Note it's been almost a year since she has singed the document and accepted Talaq in front of family.

Momin Siddique   14 March 2018

Thank you so much for answering. Your answer was very simple and quick to understand specially for layman like me. However Mahajan sir, at the time when the Divorce notice was signed only the family members were present and not the qazi. Can I now provide the notice to the Qazi? Note it's been almost a year since she has singed the document and accepted Talaq in front of family.

Momin Siddique   14 March 2018

Thank you so much for answering. Your answer was very simple and quick to understand specially for layman like me. However Mahajan sir, if at the time the Divorce notice was filed only the family members were present and the qazi. Can I now provide the notice to the Qazi. Note it's been almost a year since she has singed the document and accepted Talaq in front of the family.

Vijay Raj Mahajan (Advocate)     15 March 2018

Firstly you don't require any prior permission from the divorced wife for remarriage, secondly I had informed you to get the Talaqnamma from the Qazi in whose presence the divorce given, that fellow is supposed to give you Talaqnamma which is proof of divorce not other documents like notices given to the wife for divorce.

KISHAN DUTT KALASKAR (Advocate)     15 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Rishi kumar   15 March 2018

Respected sir, judges ( retired or otherwise ) losing credibility these days because of answers like this. In a free legal forum why is your honour doing this cut and paste job? Agreed, average litigants IQ. Is definitely less. But is it that less that he can't even understand the motive behind the posts in this free legal forum. Sir please at least write a line or two legal solutions before giving your number. We know for sure that all cases are complicated.


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