My husband and I decided to divorce on mutual consent. He gave me triple talaq on stamp paper via mosque. He has also agreed to provide me full sole custody of my 2 yo son,and it is written on this stamp paper also. I want to know if this is valid?Or else what should I do? I'm planning to immigrate to Canada with my son, so I need legal divorce papers and legal document to prove sole custody of my son. How can I obtain this? Is there any template or format for this document? Will there be any hassle in court as my husband willingly wants to give up his parental rights, will it be easy? what path should I take? Please advise. Thank you so much
You can register the Mubaratnama ie divorce by mutual consent
2) you can also file petition under section 7 of family court act for declaration that marriage is dissolved by Mubarat Nama entered into between parties
3) on basis of court orders you can migrate to Canada
Any Talaq Namah given by Kazi is not valid document of divorce. You need to validate the talaq through Court only then you will be given visa with you son. Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage) 2019. He can give Talaq-Ahsan which is legal. He needs to make a single pronouncement of Talaq during Tuhr (period of purity). After single pronouncement wife has to observe three iddat, subsequent to which Talaq becomes final.
Submitting above talaq namah you need to submit an petition in Family Court for validation of talaq, the validated talaq is valid proof of divorce.
You can file a suit to declare the dissolution of your marriage with him based on the triple talak talaknama certificate issued by the mosque.
In the same suit you can also pray for child custody to you and he may have to give his consent based on the agreement entered with you on the stamp paper.
You can consult a lawyer in the local and file the suggested suit.
- As per Muslim you can take mutual divorce after executing an agreement of KHULA or Mubarat , and the said triple talaq by your husband is not a valid divorce.
- However , for the visa process this may not be accepted , hence you can file a suit for declaration before the court .
- Further , you can also ask the custody of the child in that suit as well at the time of passing the decree of divorce on the ground of mutual divorce .
If both of you are not objecting to it then it's fine. But if one of you objects then it's better to take a divorce from court or as per sharia law following all the prescribed steps of reconciliation between the couple
Dear Client,
Yes, such sole custody is valid in Muslim Law as, under the Right of Hizanat, the sole custody of the child shall be provided to the mother.
The divorce papers would be available between four to six weeks from the date of discretion of the Hon'ble Court.
For more information, you may please book a consultation.
Thank you.
