• How to file a suit for divorce decree and procedures

As an Indian Muslim, I would like to know the procedures for obtaining the divorce decree from the court after the 3 notices served as per TALAQ E HASAN. Will there be any arguments in the court from the wife's side or i will get the decree easily? Do I need to visit India to file a suit in the court or my advocate alone can do it for me? Because I am NRI I am receiving threats from my wife's side. If I come to India, there will be consequences for her and her family.
Asked 6 months ago in Family Law
Religion: Muslim

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9 Answers

You can file petition for declaration that marriage is dissolved as per Muslim personal law as you had issued her 3 consecutive divorce notices 

 

2) you can execute POA in favour of family member to appear in court on your behalf 

 

3) if court insists your personal presence and s necessary 

Ajay Sethi
Advocate, Mumbai
97512 Answers
7882 Consultations

 

You have to pay wife  maintenance 

 

if you don’t pay she can make application to court for maintenance 

Ajay Sethi
Advocate, Mumbai
97512 Answers
7882 Consultations

 

No case of bigamy is made out 

Ajay Sethi
Advocate, Mumbai
97512 Answers
7882 Consultations

Dear Client,

After the completion of the talaq procedure, you need to file a suit in the Family Court for a divorce decree. Since you are an NRI, your advocate can file the suit on your behalf with a power of attorney. Your wife may contest the divorce in court but if the court is satisfied that the talaq was pronounced in compliance with the law, it will grant a divorce decree. Given your situation and the threats you are receiving, it is advisable to handle the legal proceedings through your advocate to avoid any confrontations or adverse consequences. Even if you have been separated for more than 10 years, your wife may be eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC), provided she is unable to maintain herself. You sending monthly expenses, shows that you have been providing financial support. This may impact the court’s decision on maintenance and since your children are majors, they are not entitled to maintenance unless they are unable to support themselves due to physical or mental infirmity. As a Muslim man, you are permitted to have up to four wives at the same time, provided you can treat them equally. Therefore, your second marriage is not considered bigamy under Muslim personal law. Hence, it is advisable to Engage a competent lawyer to represent you in court. Ensure you provide a power of attorney so they can act on your behalf. Should you require any further clarification, please do not hesitate to contact us.  

Anik Miu
Advocate, Bangalore
10386 Answers
121 Consultations

A suit for  declaration to declare the dissolution of marriage on the basis of the talaq pronounced by Talak e hasan as legally valid  can be filed in the civil court.

If you are not able to come to India for filing the suit, you may authorise any close relative back in  India to conduct the case on your behalf during your absence however you will be required to be present for deposing evidence, including for mediation session if court opines one.

T Kalaiselvan
Advocate, Vellore
87714 Answers
2355 Consultations

If your wife is not employed and do not have any source of income then she will be entitled to claim maintenance by filing a petition under section 125 cr.p.c. 

Your adult children may not be eligible to claim maintenance. 

T Kalaiselvan
Advocate, Vellore
87714 Answers
2355 Consultations

If the earlier marriage was also solemnised as per Muslim personal laws similar to the latest marriage, then it cannot be considered as an act of bigamy hence not an offence

T Kalaiselvan
Advocate, Vellore
87714 Answers
2355 Consultations

- You can file a Declaration suit before the Family Court for getting divorce on the ground of TALAQ E HASAN and other grounds 

- However, if wife has refused to accept the notice of Talaq then she will contest the case , and only after the trail of the case divorce decree would be passed. 

- If you are living abroad then you can give POA to any relative in India for appearing before the Court on your behalf and to file the case as well.

- Since , you both are separated for more than 10 years, then the separation can be a ground for getting divorce. 

- Under Muslim as well Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- If she is living separate without any sufficient reasons then she is not entitled to get maintenance from you. 

- No bigamy applied in Muslim law. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Triple deferred Talaq does not require any decree of court unless your marriage was registered under the Personal Law .

 

Devajyoti Barman
Advocate, Kolkata
23332 Answers
522 Consultations

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