Khula
5 years ago
I am a woman staying alone in a different city seperate from my husband for the past 1.5 years though we are officially not divorced as he refuses to divorce me. But I have no physical contacts or any financial dependency with my husband. I texted him but he doesn't bother to reply.. Am I still in his nikah?? He has taken back my Mahar before he removed me from home. All gifts like bike furniture everything is with him only..
Now I want to marry another man, do I need an official divorce from my first husband ?? How can I send him a khula ?? Please guide and help.
A.You are still in the marriage. But if you want a divorce you are eligible to get. ask vidhikarya to provide contact details.
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ARPIT BATRA
Responded 5 years ago
A.Getting divorce is better and lawful.
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A.Dear Client,
First you get a divorce and marry.It will be better for you legally,
psychologically,emotionally etc.
First you decide.Then you just tell what is to be done.
There are professionals who will do the job for you.
You have to pay for the service.
Get the service through Vidhikarya.com
In case of difficulty get in touch with me through Vidhikarya.com
Shanti Ranjan Behera
Advocate
First you get a divorce and marry.It will be better for you legally,
psychologically,emotionally etc.
First you decide.Then you just tell what is to be done.
There are professionals who will do the job for you.
You have to pay for the service.
Get the service through Vidhikarya.com
In case of difficulty get in touch with me through Vidhikarya.com
Shanti Ranjan Behera
Advocate
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ROBERT D ROZARIO
Responded 5 years ago
A.Go by the advice of Kishan Dutt Kalaskar Retired Judge.
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Rajender Prasad
Responded 5 years ago
A.Dear sir, pl.comply with the advice given by my learned advocate colleague. For details, contact some advocate through vidhikarya.com
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A.Dear Madam,
You have following options.
India court bans Islamic instant divorce in huge win for women's rights
Controversial practice of ‘triple talaq’, which allows men to dissolve marriages instantly, declared unconstitutional
An Islamic practice permitting men to instantly divorce their wives has been declared unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.
The “triple talaq” has allowed Muslim men to dissolve marriages by pronouncing the word “divorce” three times.
The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench declared on Wednesday that triple talaq was “not integral to religious practice and violates constitutional morality”.
Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.
“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), an activist group that was party to the legal battle.
“We, the Muslim women, are entitled to justice from the courts as well as the legislature.”
The Indian prime minister, Narendra Modi, also welcomed the verdict:
Divorce Under Muslim Law
Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
Divorce by husband/wife
A Husband may divorce in the following manner-
1. Talaq: which is release from the marriage tie immediately or eventually.
2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.
3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.
A wife may divorce in the following manner-
1. Talaqetafwiz: talaq by the wife under the husbands delegated power.
Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939
Following are the grounds on which a marriage may be dissolved under the Marriage Act.
1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.
2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939
A Muslim woman may file for divorce on the following grounds-
1. That the whereabouts of the husband have not been known for a period of 4 years
2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.
3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.
4. That the husband has failed to fulfill his marital obligation for a period of three years.
5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.
6. That the husband was impotent at the time of marriage and continues to be so.
The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.
Triple divorce
Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.
You have following options.
India court bans Islamic instant divorce in huge win for women's rights
Controversial practice of ‘triple talaq’, which allows men to dissolve marriages instantly, declared unconstitutional
An Islamic practice permitting men to instantly divorce their wives has been declared unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.
The “triple talaq” has allowed Muslim men to dissolve marriages by pronouncing the word “divorce” three times.
The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench declared on Wednesday that triple talaq was “not integral to religious practice and violates constitutional morality”.
Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.
“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), an activist group that was party to the legal battle.
“We, the Muslim women, are entitled to justice from the courts as well as the legislature.”
The Indian prime minister, Narendra Modi, also welcomed the verdict:
Divorce Under Muslim Law
Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
Divorce by husband/wife
A Husband may divorce in the following manner-
1. Talaq: which is release from the marriage tie immediately or eventually.
2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.
3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.
A wife may divorce in the following manner-
1. Talaqetafwiz: talaq by the wife under the husbands delegated power.
Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939
Following are the grounds on which a marriage may be dissolved under the Marriage Act.
1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.
2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939
A Muslim woman may file for divorce on the following grounds-
1. That the whereabouts of the husband have not been known for a period of 4 years
2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.
3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.
4. That the husband has failed to fulfill his marital obligation for a period of three years.
5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.
6. That the husband was impotent at the time of marriage and continues to be so.
The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.
Triple divorce
Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.
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Rameshwar Dadhe
Responded 5 years ago
A.First u should file divorce by mutual consent. Before remarry. If both are agreeing then
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Kavery Anand
Responded 5 years ago
A.Dear client.. u need to take legal Divorce from Ur first husband.. then only u can remarry..
As u r staying separately from Ur husband from past 1.5 years.. so ask him for mutual consent divorce...if he doesn't agree then file for contest Divorce..
As u r staying separately from Ur husband from past 1.5 years.. so ask him for mutual consent divorce...if he doesn't agree then file for contest Divorce..
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Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client you must have to divorce from first husband officially if you want to marry second one. better way to contact any expert lawyer from vidhikarya who knows muslim laws perfectly.
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