Regarding divorce
2 weeks ago
My sister is in 12 year marriage with 2 girl child and is a house wife ,but now her husband has a extra marital affair with other women and wants to marry her but wants to divorce my sister with 2 kids , and infornt of his relatives he is putting blame on my sister that " she is not staying with her has frequently visited to her mother's house,does not take care of her mother, uses abusive language and etc etc" which is false accusations as he clearly mentioned to her does not want to stay with her anymore, in this case what should my sister do ? Go to court and fight for children maintainance and her rights , or take khula? And if she takes khula will the husband provide maintenance for both girl child as they are very young 9and 1year old.
A.Dear client, if your sister gives divorce through Khula she can't get maintenance. Your sister can get divorce as her husband has an extra marital affair and he will be liable to provide maintenance to the wife and children under The Muslim Women (Protection of Rights on Divorce) Act, 1986 and also under code of criminal procedure, 1973.
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A.Dear Sir,
It is not advisable to take khula because he may marry for second time and enjoy and then come to the Court saying that he is having second wife and children from second wife thus he may stop payment of maintenance to the children of the first wife.
It is not advisable to take khula because he may marry for second time and enjoy and then come to the Court saying that he is having second wife and children from second wife thus he may stop payment of maintenance to the children of the first wife.
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A.Dear Client,
A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to four women, provided he treats them equally in terms of financial support, love, and care, as per Islamic law. The provisions under Section 494 of the IPC (remarrying again during the lifetime of husband or wife) cannot be enforced on Muslim men marrying under the Sharia law that allows Muslim men to have up to four wives. The aggrieved wife can seek divorce under the Dissolution of Muslim Marriages Act, 1939 claiming maintenance. Triple Talaq is a procedure of instant divorce under Islamic Law followed by Muslim men in India. In the Shayara Bano case (2017), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019 and as per Section 4 of the said Act, any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. As per Sec.5 of the said Act, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate. A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband under Sec.6 of the said Act, in such manner as may be determined by the Magistrate. The Family Courts are empowered to pass a decree to dissolve a marriage under Section 7(1)(b) of the Family Courts Act of 1984 read with Section 2 of the Dissolution of Muslim Marriages Act of 1939 and Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. Further, the provision of the Special Marriage Act, 1954 is equally applicable to Muslim marriage if a marriage has been solemnized under this Act and as per Sec.28(1) of the Act, a petition for divorce may be presented to the district Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. Reach out to an Advocate practicing Muslim laws for guidance and steps.
A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to four women, provided he treats them equally in terms of financial support, love, and care, as per Islamic law. The provisions under Section 494 of the IPC (remarrying again during the lifetime of husband or wife) cannot be enforced on Muslim men marrying under the Sharia law that allows Muslim men to have up to four wives. The aggrieved wife can seek divorce under the Dissolution of Muslim Marriages Act, 1939 claiming maintenance. Triple Talaq is a procedure of instant divorce under Islamic Law followed by Muslim men in India. In the Shayara Bano case (2017), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019 and as per Section 4 of the said Act, any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. As per Sec.5 of the said Act, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate. A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband under Sec.6 of the said Act, in such manner as may be determined by the Magistrate. The Family Courts are empowered to pass a decree to dissolve a marriage under Section 7(1)(b) of the Family Courts Act of 1984 read with Section 2 of the Dissolution of Muslim Marriages Act of 1939 and Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. Further, the provision of the Special Marriage Act, 1954 is equally applicable to Muslim marriage if a marriage has been solemnized under this Act and as per Sec.28(1) of the Act, a petition for divorce may be presented to the district Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. Reach out to an Advocate practicing Muslim laws for guidance and steps.
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