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Salil Kumar Adv   13 December 2023

whether a joint petition for divorce of husband and wife can be filed under Muslim law also ? if yes , under what section ?

sirs,
A joint petition for divorce of husband and wife can be filed under various enactments. For example, u/s. 13B under Hindu marriages act, u/s. 28 of special marriages act, u/s 10A Indian divorce act etc.
my question is that whether a joint petition of divorce can be filed under Muslim law also and under what section ?

thanking you all in advance,

Salil Kumar
advocate


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 December 2023

Unfortunately there's no provision in Muslim personal law to file a joint petition by both seeking mutual consent divorce. 

You can go for mubaharat outside the court and then file a suit to declare the dissolution of marriage on the basis of the mubaharatnama

Salil Kumar Adv   17 December 2023

thank you sir

T. Kalaiselvan, Advocate (Advocate)     17 December 2023

You are welcome for your appreciations. 


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