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yousuf (Deputy manager)     19 November 2013

Putting stay on muslim divorce

I am dawoodi bohra.. my wife Took decision all of sudden for divorce & took me to jammat with her father for divorce..i Got shocked & emotional & some how they made me sign divorce papers withtout any one present from my family side..I want to put stay on this divorce of jammat in court and want time for reconcillation & negotiation.. as i know its bad decision for both of us ..she is going to understand this soon..so i want to put stay on this divorce ..How can i do ..Plzz suggest any lawyer



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     19 November 2013

difficult.  if you have signed divorce three pronouncement then the divorce has become final and binding on each party. It is pronounced by husband and before witnesses (jamat)

 

A stay order can operate upon something which is yet to happen.  The divorce in this case has happened.

 

But you have not explained how all of a sudden you could be taken before Jamat. Any threat or criminal intimidation? If there it may make a difference but proving may be difficult as the document has been signed publicaly before Jamat and you failed to go to Police instantaneously

 

I wish some other expert could express different view and I be obliged.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 November 2013

file a declaration suit against this talaq paper null and void before civil court along with the application under ordet 39 rule 1&2 of cpc

T. Kalaiselvan, Advocate (Advocate)     20 November 2013

Signing papers for divorce before a jamaat together by the wife and husband is called khulanama, it cannot be accepted to come into effect at the same time on being signed.  It also has a cooling off period during which the same can be revoked.  So be clear in what you want to clarify.

yousuf (Deputy manager)     20 November 2013

i dont know about this cooling period..?? i feel my emotions are being played as i just emotionally harrassed to sign papers..i want to put stay on this divorce...we both should talk n resolve matter.. even i an ready to do anything for her..


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