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Prakash Nair (Advocate)     17 February 2018

Dissolution of Muslim Marriage

Dissolution of Muslim Marriage with mutual consent: Step by step....? Husband and Wife are jobless with a boy child of 2 + years, ready to file joint petition in the Court, desirous of settling issues at an earliest possible date.... Advice solicited.


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 10 Replies

Vijay Raj Mahajan (Advocate)     17 February 2018

Muslim marriage dissolution by mutual consent is not done in Family Court like other marriages but before the Muslim Quazi in presence of two or more witnesses, Talaqnamma is issued bearing signatures of all that is registered in the record by the Quasi.

Prakash Nair (Advocate)     17 February 2018

They prefer to do the same in judicial way, not through extra judicial method.

Prakash Nair (Advocate)     17 February 2018

Both are in same mood without any apprehension or difference in opinion.

Vijay Raj Mahajan (Advocate)     17 February 2018

What applies to dissolution of Muslim marriage has been informed, it's not their likes and dislikes to been considered by the court. The Family Court has jurisdiction to decide dissolution of Muslim marriage under the Dissolution of Muslim Marriage Act only if wife files for divorce against husband on any of the provided grounds. There is no provision for divorce by mutual consent in this Act so Family Court will not entertain the petition for dissolution of Muslim marriage by mutual consent. Rest you have enough money to throw on some advocate who advised you all this to do, then go ahead and do, but you won't get any relief from the Family Court. The Muslim marriage dissolution by mutual consent and Talaqnamma is absolutely valid in the eye of law in India.

Prakash Nair (Advocate)     17 February 2018

Is that so...? Praise for the guidance. Kindly be requested to corroborate.

Prakash Nair (Advocate)     17 February 2018

It's hard to digest that, there lies no remedy with our judicial mechanism, for fixing some issues....such as joint divorce as per Muslim Marriage Dissolution Act 1939.

Prakash Nair (Advocate)     17 February 2018

Here in this case, no question of warring, they are united in pursuit of a joint divorce, preferably by Court-if possible.

Prakash Nair (Advocate)     17 February 2018

Grabbing knowledge from books and from around, will only help enhancement of ones techniques and advancement of knowledge. Discussion at any level, is appreciated and it has its own advantages in life.

Kumar Doab (FIN)     17 February 2018

For the time being instead of buying a 10 Kg book immediately and then putting in labor to read, understand and reproduce from understanding SEARCH and deliberation that are available at LCI (thru SEARCH option) I threads, Articles, Files………………and other legal portals ………….and GOOGLE….

Anyone that want to feat immediately may SERACH anytime and go thru discourses/Tabsara at LCI or outside LCI

e.g;

https://www.legalserviceindia.com/article/l393-Divorce-under-Muslim-Law.html

https://www.englishurdudictionarypk.com/roman/commentary

Even the scholars might be posting the scholarly work after extracting from such discourses…. 

Kumar Doab (FIN)     17 February 2018

Rest a  very able Senior LOCAL Counsel of unshakable repute and integrity specializing in Family matters and having successful track record .............and having handled matters of personal faith and/or religious scholras can guide you further... 


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