Hello All I was married in India in 2022 and in 2023 I and my exwife separated. I have given divorce to my ex wife by serving her 1 notice through whatsapp as we were not in contact. I also informed her and her parents through whatsapp as we are living out of the country and I had no other means to contact her and her family. In that notice I had mentioned intention to give her divorce for the reasons mentioned in that notice. After 15 days of waiting to get a response, which I didnt receive any I proceeded with the chief Qazi of Mumbai to issue divorce. I have a Divorce certificate by the Chief Qazi of Mumbai. That Divorce certificate was also sent to her Indian home address using registered post to her by the Qazi himself. I wanted to ask do I need to get a divorce decree/certificate from mumbai government as well or is Qazi certificate valid? And if its not valid how to get divorce certificate from Mumbai Government being abroad? Both me and ex wife are abroad as per my knowledge but I am not sure of her whereabouts. Please could you help.
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You should have first sent your wife arbitration/ reconciliation notice fixing date and time for meeting
2) if reconcilation failed you should have issued wife 3 consecutive monthly divorcé notices mentioning reasons for divorce
3) you should have paid her Meher amount and maintenance during iddat period
4) in my opinion your divorcé certificate is not valid as it is not preceded by attempts at reconcilation
Thanks for the Reply I would like to emphasize in the notice sent to her it was specifically mentioned multiple attempts of reconciliation. Unfortunately she and her parents were false aquising me of domestic violence and in response to the notice I received a notice from the local government that a domestic violence complain has been registered in my name and I am not allowed to talk to her intimidate her or even be near her. So unfortunately I did contact the qazi and informed him of the situation and he guided/misguided me to this resolution. I would like to ask how should I be proceeding now please could you help to get a divorce certificate. I am in no contact with her nor can I be in contact with her till 2025 as per the local family court. I want to visit India but I am unable to as she had filed a police complain against me and my family in Mumbai as well however there is no FIR against me as per my knowledge as I havent received any notice from the police. All financial dealings have been already completed and there is no relationship left between us. Please guide me
You can file petition in family court for declaration that marriage is dissolved by divorce certificate issued by Quazi
it is necessary to peruse documents cited by you to advice further
Before coming to India you better make contact with her and apply for Mutual consent divorce in foreign country and get that order here. Mutual Consent divorce order of foreign country is valid in the India.
If she and her family members can file divorce and DV case against you in India according to Special Marriage Act.
Your Kazi Divorce certificate is not acceptable.
Dear Client,
You can file for divorce on grounds such as irreconcilable differences or cruelty, while addressing the allegations of domestic violence as necessary with the help of an advocate who specializes in family law and divorce cases. If there's a restraining order in place, ensure that you comply with its terms strictly to avoid any legal repercussions.
if your marriage was registered under special marriage act then you need to file a suit for declaration to declare the talaq(divorce) pronounced as per Shariat law is legally valid .
If your marriage was solemnised as per Muslim religious laws and customs i.e., by Nikah, and there was no registration done for your marriage in India then the divorce pronounced by you would be sufficient to establish the fact of dissolution of your marriage as per Shariat laws.
However the divorce, i.e., the pronunciation of talaq should have been made as per legally valid talaq, i.e., either by talaq ahsan or talaq e hasan, by which you should have waited for three months period (iddat) before finally dissolving the marriage and also there should be a mention of the return of the mehr amount to her.
The Qazi is not the authority to furnish certificate of talaqnama, he can be a witness for your talaq.
Mumbai government of government of Maharashtra/India also cannot issue a divorce certificate, if the marriage was registered under special marriage act then the dissolution of marriage has to be declared as valid by a decree of court of law.
You can ignore her cases filed against you and you may initiate steps for filing the declaration suit to declare the talaq pronounced by you on the said date as legally valid and seek the court to dissolve the marriage on that basis supported by the documentary evidence of the talaqnama issued by the Qazi.
If your was marriage was performed under Shari alw and not registered under any Act then deferred Talaq in presence of Quazi is valid and does not require any further decree of court.
You need to file proper proceedings in family court for seeking divorce in your case
- As per the Bombay High Court , a Muslim who wishes to marry a second time can do so as the talaqnama, issued by the religious head, is a valid document and there is no need for a court decree.
- Further, said a talaqnama issued by a qazi was a valid document nullifying a marriage and in that case a court decree is not needed.
- However, as per the Muslim Women (Protection of Rights on Marriage) ACT, 2019, Talaq means Talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
- Further, as per section of this Act, Any pronouncement of talaq by a Muslim husband upon his wife, by words,
either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
- Since, you have given her one time Talaq after informing through the whatsApp then that Talaqnama is not valid , and you can approach the court for getting divorce.
- Further, if you both are residing abroad , then you can opt for mutual consent divorce under Muslim Law i.e. Mubarat or Khula and which is valid in India.
- Further, if she is not agree for the same , then you can file a contested divorce petition before the family Court.
