Muslim marriage law

The document that was signed and given as proof of Muslim marriage dissolution has to be signed by parties, witnesses and Quazi and recorded by the Quazi as proof of divorce which becomes valid proof duly recognized by the Courts in India. The document you got need to be checked to verify it's validity as to prove the dissolution of the Muslim Marriage that your sister was involved. Check my profile here in this forum and contact me if you need any further case discussion and legal consultancy.

Only divorce granted by district family court is valid.  You should apply for divorce decree.  That divorce gotten from advocate/notary sitting under tree in court premises is no divorce.  It is a joke. Such advocate will lose license to practice.  If both boy and girl were muslim then the qazi divorce certificate is valid. That too if talaq proceedings were carried out as per Holy Koran. As boy is Muslim and girl Hindu, they should have approached the family court and got divorce by mutual consent instead of contacting notary sitting on roadside/under tree with mobile typerwiter.

I feel sorry for the people of our country.

Originally posted by : Shanabhaug Manchu
	Originally posted by : Sourabh Respected members, I want to ask 1 question, My sister Parul got married with a Muslim boy in 2014 . That was a love marriage as per Muslim law and my sister also changed her religion from Hindu to Muslim prior to marriage. But due to the family pressure my sister got separated from him and we get a signed copy of stamp paper from her husband as the document of divorce, and my sister also signed the same stamp paper , After some time we arrange a marriage with a hindu boy within our caste and she got married with him . But after 1 year her second husband came to know about her previous marriage and filed a fraud case on my sister. So I want to ask as the document I.e. the stamp paper is valid for divorce Can we show that notary in court as valid divorce paper in court Is it valid as per Muslim marriage law Divorce of muslim boy and hindu girl can be through court only under speical marriage act. Marrying while 1st husband is alive is bigamy.  Punishable wiht 7 year jail term. Filing 498a on second husband and claiming maintenance is of no use.  It will backfire. Filing false cases will get reward of 7 years jail term. First husband can send his wife to jail along with second husband.  Second husband can send you all to jail for falsely marrying the girl to him.  15 year jail term plus fine. Best is to retract and run for cover.  You guys fuked yourselves by filing the 498a case and 125 crpc case. Posting with new title wont change your problem and the punishment of jail term.

I have posted this because of removing confusion of one member. He said that my topic is of family law, personal law, and criminal law.. 

Thats why i Posted in different thread....

And First husband is not taking any actions. He is not present in this all situations... after he Left my sister he has never contacted to my family nor my sister.. 

But Her present husband Manoj is doing all these cases, as he is claiming that we have not told about earlier marriage. and we have done a fraud with him... He has filed the 420 case and Marriage Anullment case in delhi... 

But please tell any option to save and to get rid of all these..

The marriage was as per the Muslim Marriage law with the First Husband.... and Second marriage was as per hindu marriage rites... 

Originally posted by : Sourabh
	Originally posted by : Shanabhaug Manchu Originally posted by : Sourabh Respected members, I want to ask 1 question, My sister Parul got married with a Muslim boy in 2014 . That was a love marriage as per Muslim law and my sister also changed her religion from Hindu to Muslim prior to marriage. But due to the family pressure my sister got separated from him and we get a signed copy of stamp paper from her husband as the document of divorce, and my sister also signed the same stamp paper , After some time we arrange a marriage with a hindu boy within our caste and she got married with him . But after 1 year her second husband came to know about her previous marriage and filed a fraud case on my sister. So I want to ask as the document I.e. the stamp paper is valid for divorce Can we show that notary in court as valid divorce paper in court Is it valid as per Muslim marriage law Divorce of muslim boy and hindu girl can be through court only under speical marriage act. Marrying while 1st husband is alive is bigamy.  Punishable wiht 7 year jail term. Filing 498a on second husband and claiming maintenance is of no use.  It will backfire. Filing false cases will get reward of 7 years jail term. First husband can send his wife to jail along with second husband.  Second husband can send you all to jail for falsely marrying the girl to him.  15 year jail term plus fine. Best is to retract and run for cover.  You guys fuked yourselves by filing the 498a case and 125 crpc case. Posting with new title wont change your problem and the punishment of jail term. I have posted this because of removing confusion of one member. He said that my topic is of family law, personal law, and criminal law..  Thats why i Posted in different thread.... And First husband is not taking any actions. He is not present in this all situations... after he Left my sister he has never contacted to my family nor my sister..  But Her present husband Manoj is doing all these cases, as he is claiming that we have not told about earlier marriage. and we have done a fraud with him... He has filed the 420 case and Marriage Anullment case in delhi...  But please tell any option to save and to get rid of all these.. The marriage was as per the Muslim Marriage law with the First Husband.... and Second marriage was as per hindu marriage rites...

You take back the 498a and 125 case.  Pay him some more dowry and ask him to take back 420 case and annulment case. or else you all will be in big soup.  As case already admitted. 1st husband will confide with court about 1st marriage. Notary divorce is void.  Try to settle matter out of court.  No resolution possible inside court. In court you will all go to jail for long long time.

This stupid person who knows nothing about Muslim law and legal practice passing comments which is not at all valid. Muslim marriage can be dissolved by Talaq in presence of Witnesses and Quazi, where the Quazi records the divorce in the form of Talaqnamma. That is issued to the parties and the Courts in India have held that Talaqnamma as valid proof of divorce. As this Talaqnamma is usually in Arabic language, it's translation is English or other local language is got attested by Notary that along with original Talaqnamma used by the parties for future legal purpose. The Family Court do not entertain any divorce petition of Muslim husband for divorce. Only Muslim woman can seek dissolution of marriage under the Dissolution of Muslim Marriage Act in the Family Court. This bugus person knowing nothing of law is giving all foolish opinions to mislead innocent people.

Originally posted by : Vijay Raj Mahajan
	This stupid person who knows nothing about Muslim law and legal practice passing comments which is not at all valid. Muslim marriage can be dissolved by Talaq in presence of Witnesses and Quazi, where the Quazi records the divorce in the form of Talaqnamma. That is issued to the parties and the Courts in India have held that Talaqnamma as valid proof of divorce. As this Talaqnamma is usually in Arabic language, it's translation is English or other local language is got attested by Notary that along with original Talaqnamma used by the parties for future legal purpose. The Family Court do not entertain any divorce petition of Muslim husband for divorce. Only Muslim woman can seek dissolution of marriage under the Dissolution of Muslim Marriage Act in the Family Court. This bugus person knowing nothing of law is giving all foolish opinions to mislead innocent people.

Looks like you are the qazi !

The query drifts between laws pertaining to conversion, Hindu marriage, divorce/talaq, Muslim marriage conversion ,Hindu marriage….  

Did the lady convert and embrace Islam before marrying? Apparently yes as posted by you!

Was her marriage duly solemnized by Qazi in front of witnesses?

Was she divorced as per provisions of divorce amongst Muslims (applicable sect/subsect)?

Did the lady convert to Hinduism before 2nd marriage and does she has evidence? Would such (re) conversion to original faith lead to dissolution of marriage/nikah becoming null and void? (IT may be  matter of trial!)

The stamp paper is attested by a Notary. That is IT as per query posted so far.

IT may not be valid divorce/talaq. Or IT may sustain test of law in court where 2nd husband has alleged fraud. (IT may be matter of trial!)

The 2nd husband being Hindu from whom 1st marriage and said divorce/talaqy  was concealed can agitate under provisions of law. IT is upto you and your counsels to establish that full facts as known to the lady were duly informed to 2nd gentleman. (IT may be matter of trial so as to avoid penultimate provisions of say ; IPC 494!)

If divorce was valid/proved valid then IT may……may help the lady.

Has 1st husband renounced Islam?

Check and confirm!

You should have consulted before lady married 1st time and then divorced 1st time and then when she married 2nd time………..

Apparently you have not consulted.

Had you consulted the situation(s) could have been avoided.

You could have tried and approached 1st husband to come forward and do the needful for a valid divorce/talaq..

Probably the 1sy husband is unwilling to forward his neck now and entangle in litigation.

The 2nd husband may agree to your proposals for amicable settlement of all issues..

And then 1st husband may also agree to participate in resolving all issues..

Now IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in family matters, having successful track record …..and worth his/her salt…and understand options, merits in each option and…recourses.

In case elders of families on all sides , mediators, persons of repute in society, panchayat members etc can resolve all issues and maters then go ahead and resolve…once for all.

Your family has had enough trouble.

Amicable settlement on agreed T&C can offer speedy exit from mess…

Of course IT may preferably happen under close supervision of a very able counsel as already suggested above so as to avoid any mess in future..

You are the 2nd gentleman in the query as per your posts.

You have got a good lawyer as per your posts.

So what is perturbing you!