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MASTHAN (Self employeed)     23 January 2012

What is section 51 of islmaci law

Hi All,

Our advocate filed the divorce petition at my hometown (both parties belongs to islamic community) against the 498A wife at civil court . When I go through his petition I observed that he filed this civil peition "under order VII  RULE 1 of Civil Procedure core and section 51 iof islamic law".

 

1. Can some one explain what is ORDER VII Rule 1 of Civil procedure code?

 

2. What is section 51 of islamic law?

 

Thanks,

Masthan

 

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 10 Replies

irfan (housewife)     23 January 2012

salaam, masthan

 i gav triple talaq to my wife...n she has challanged me...saying she has not heard 3 times ....i had also send her iddat money by money order which she refused..so my advocate has filed a petition for divorce declaration in civil court...will my talaq be considered valid ??  will our case succeedd ??

as far as ur query is concerned i also dont know abt such order or section...
 

MASTHAN (Self employeed)     24 January 2012

Irfan,

 

1. Under what section your advocate filed divorce suit?

2. Have you sent TALAQNAMA to her?

3. How did your wife challenged your TALAQ?

4. Is there any evidence that your pronounced triple TALAQ?

5.  As per Islamic personal law, once the husband pronounces triple talaq , then she is divocee. There is no concept of challenging the divorce.

 

-Mastan

irfan (housewife)     24 January 2012

masthan,

 

1.the petition is a simple notice regarding divorce declaration.

2. no.

3  she says she has not heard  3 times...n has filed a case of interim maintenance  against me ..

4. no..ther were no witnesses.

5 legally how can it be proved.

MASTHAN (Self employeed)     24 January 2012

1. under what section the declaration was filed?


(Guest)

It is Better Always prepare Talaqnama with Following points


1 ) Your Sect , wheather Shia or Sunni with Fiqh (i.e. Hanafi, Shafi etc)
2) Attempt made for any reconciliation made if Any (you should have witness / proof)
3) Reason for your Talaq (as per Court rulling)
4) Serve the Talaqnama through Registered Post / Or better call her in Local P.S and give same time
5) Get Divorce Certificate / Fatwa from local Kazi,
6) Validate the same in Family Court, By Filing Petition Before she approch for any Challenge.

MASTHAN (Self employeed)     24 January 2012

Zameer,

 

What we need to do if KHAZI denies to issue the divorce certificate  even after serving the TALAQNAMA to her?

common man (self employed)     24 January 2012

plz.....anybody could tell me that if a muslim lady want divorce from her husband........but the husband denies the divorce...and want to torture the lady............?????

Ashish Chakravarty (Advocate)     24 January 2012

A Muslim lady can file for divorce under The Dissolution of Muslim Marriages Act, 1939.


(Guest)

Dear Mastan & Irfan,

This forum is to seek and give legal advice from the expert one.  Pls stop discussion on the issues as both you don't have sufficiant knowledge of the law.

 

No intenssion to unsult anyone but Please simply ask and get answer from the professional one.

MASTHAN (Self employeed)     31 January 2012

Dear Shamshad,

Thanks for your reply.

You are 100% correct, I do not have any idea on the law. I am neither a law student nor an advocate, that is why i am writing in this forum seeking the help of law experts like you.  If I am an advocate/law student, then I could have not seek the law  help from others.

 

Only the people who dont have sufficient knowledge on the subject will seek the help from the experts who has enough knowledge on the subject.

-Masthan


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