• Divorce decree

I was married to my x wife under muslim laws and had not registered my marriage . Due to non compatibility issues between each other i took a divorce from her via government authorized qazi.

 Now i have got married to a foreigner to whom i had got married in a foreign country.
 She is now staying with me since the last 4 years on indian X visa also known as entry visa which issued sto spouses and family members. 

Since the last 3 years we were extending her visa from india mumbai itself . This year the FRRO is asking for divorce decree from court which i do not have due to reasons mentioned above.

The FRRO was extending visa earlier based on the divorce certificate issued by the qazi earlier and now suddenly they are demanding divorce decree.

 Also please note that i have come to know that my x wife has got married to someone else. 
My question is how can i get divorce decree from the court . Also will i have to prove to the court that she has now remarried and if so how can i do that. 

Thanks
Nadeem Shaikh
Asked 15 days ago in Family Law
Religion: Muslim

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9 Answers

As per Muslim personal law you are liberty to remarry during subsistence of earlier marriage 

 

2) if you have been divorced as per muslim personal law you need to file petition for declaration in family court that marriage is dissolved as per Muslim personal law 

 

3) notice would be issued to your ex wife 

 

4) if she does not object or contest you should get court orders 

Ajay Sethi
Advocate, Mumbai
97040 Answers
7837 Consultations

The divorce decree by Qazi is not considered as legally valid in India.

Even though you have got your marriage dissolved under the provisions of Muslim personal law, since you married a foreigner and are attempting to get her stay extended, you are required to have a proper and legally valid divorce in order to declare your new spouse as your wife.

Hence you can file a suit for declaration to declare the dissolution of your marriage in accordance to the provisions of Muslim personal law as valid.

The decree passed by the civil court in the declaration suit will come to your rescue to tide over the crisis.

T Kalaiselvan
Advocate, Vellore
87241 Answers
2342 Consultations

Dear Client,

In the Present Scenario, under the Muslim Personal Law, your divorce through a government authorized Qazi may be valid if the relevant procedural requirements were met, such as the pronouncement of Talaq and observance of the Iddat period. However, there are certain authorities that requires a court-issued divorce decree for recognising the validity of a divorce for administrative purposes. This includes the FRRO, for which, you may have to file a declaration suit in the family court under the Family Courts Act, seeking recognition for your divorce as being valid, under the Muslim Personal Law. However, for the same, supporting evidence has to be provided, including the Qazi-issued divorce certificate, an affidavit detailing the divorce process, and, the proof such as wedding pictures, invitations, or any affidavits from the witnesses. Once the relevant family court issues a decree validating the divorce decree, you may submit the same to the FRRO so as to extend the same to your spouse X's visa as well. Additionally, it is necessary that you ensure the requirements under the Foreign Marriage Act is also complied with.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

You would need proof that ex wife has remarried 

 

her nikhanama is proof of marriage 

 

she would not come test of she has remarried 

Ajay Sethi
Advocate, Mumbai
97040 Answers
7837 Consultations

- As per latest Judgement of Supreme Court , the divorce of Qazi is not valid 

- Further , there is requirement of a Court decree of divorce for doing any government work , like for the removal of spouse names from the passport a decree of divorce is mandatory. 

- You can file a declaration suit before the family Court on the ground of separation and Talaq by Qazi for getting the divorce decree. 

- If she will not appear before the Court after receiving the summons of the Court , then the Court may pass Ex-parte decree within a short period of time. 

- Further, if she already re-marry then she cannot contest the case 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

To address your situation, Nadeem:

1. Getting a Divorce Decree:

  • File a declaration of divorce in the Family Court to validate your Qazi-issued divorce.
  • Engage a lawyer experienced in Islamic law to support the process.

2. Proving Ex-Wife's Remarriage:

  • Present evidence like marriage registration, affidavits, or witness testimony confirming her remarriage.

3. Contest Possibility:

  • Your ex-wife can contest if there’s a legal issue with the divorce, but remarriage typically shows acceptance of the divorce.

4. Timeline:

  • Expect a few months to over a year, depending on court workload and case complexity.

Recommendation: Hire a family lawyer to expedite the decree and inform FRRO about the steps being taken for compliance.

Shubham Goyal
Advocate, Delhi
208 Answers

1. Whether she decides to contest or ignores the summons a notice will be sent to her address through court as a matter of legal procedure to be adopted under the circumstance,

2. You are required to establish the dissolution of your marriage with your ex-wife and it is none of your business to prove her subsequent marriage once you divorced her legally.

3. It depends on how you follow it up through court, if she is not responding even after receipt of summons then the court may set her exparte and the case may be disposed within six months also. 

T Kalaiselvan
Advocate, Vellore
87241 Answers
2342 Consultations

Under Muslim law, a husband can unilaterally pronounce divorce (Talaq) without court intervention. However, for legal recognition in India, especially for visa purposes, a formal decree from a court may be required. The Dissolution of Muslim Marriages Act, 1939, allows a wife to seek a decree of divorce under certain conditions, but this does not apply to your situation as you initiated the divorce.

The FRRO's requirement for a divorce decree is based on the need for formal documentation to validate your marital status for visa purposes.  The Supreme Court has emphasized that foreign divorce decrees must be recognized only if they are granted on grounds recognized under Indian law and if there is voluntary submission to the foreign court's jurisdiction.

Pursuant to the most recent ruling issued by the Supreme Court, it has been determined that the divorce executed by Qazi is deemed invalid. In order to undertake any governmental procedures, such as the removal of a spouse's name from a passport, it is imperative to possess a formal court decree of divorce. To obtain such a decree, it is advisable to initiate a declaration suit in the Family Court, predicated upon the grounds of separation and the Talaq as administered by Qazi. Should the respondent fail to appear in court subsequent to being duly served with a summons, the court is authorized to issue a decree in her absence within a reasonable timeframe. Furthermore, it is pertinent to note that if the respondent has subsequently entered into a new marriage, she shall be precluded from contesting the proceedings in this matter.

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

She can’t contest it but for your Qazi talaqnama to be recognised as public document you need to validate same through court

by showing her proof of marriage 

it may take a year

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

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