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naseer (lecturer)     02 November 2012

How to get divorce?

Any one help me to know..... more

I am 31 year old muslim, presently lived in oman. i expliend the details about my life. i lived my life up 30 of my age in dindigul, tamilnadu, india. At the age of 22 (April, 2005), i married a women whose age 30, under special marraige act in muthugulathur with help of my friend. i hide this from my home, but in her home they know it. she lived in her home and i lived in my home (i continue my PG in madurai). We have a kid who born on may,2006. Due to many reasons,she and the kid might not spend 2 days continuously with me. She converted as muslim. She is govt job school teacher.  in november 2007, by her compulsion i told this to my parent. And married again by muslim act, in masq by the request of my parents.  With out any reason, with in a week she left my home with my kid.  and asked me to stay in her home with their parents.

From that day, till now we didnt have any relationship with each other. Even we didnt meet for the past 4 year. In my mind i dont accept her as my wife. i considered her as a mistake in life. Recently his father died. Also she bought a home worth of Rs. 25 lacs under loan. She well settled in india. After i had 5 years teaching experience, Now i join as lecturer in oman. i want to marry some other. i decided to apply divorce. but i have no papers, like marraige certificate, her photo, etc... if i am tried to get the certificates from her, she is not ready to give it. even my voter id, rationcard all are kept by her. i hope that she will not come to mutual divorce. but at many situations she said that you marry some other but i am not ready to give divorce. now i am alone in oman. i need a life patner. i am totally confused with the followin questions....

How can i apply divorce with out marraige certificate?

is it possible to marry second wife? and bring her to oman?

if she permit me to marry other girl, is it possible to do the marrige?

she is now muslim, is the special marraige  valid?

please give me more details... and help me. even i am doing my docotorate, adviced 1000 of students.... i am struggling a lot....



Learning

 3 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     02 November 2012

Hello Sir,

You can initiate divorce proceedings against your wife under Mohammedan Law.

You should not enter into second marriage without her valid consent nor without a decree of divorce.

Not being in possession of marriage certificate or any other relevant documents is not a bar for initiating divorce proceedings.

Feel free to contact me on 9842197857 for further clarification.

S.JEEVAGAN, 

Advocate, MADURAI.

https://www.jeevaganadvocate.com/contact.php

Rashid Ali (own practice as a criminal lawyer)     02 November 2012

As you are married under special marriage act . you dont have right for second marriage.it is punishable.you may proceed for divorce without having records.

naseer (lecturer)     03 November 2012

Thank you verymuch for your responds. surely i will call you sir.


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