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Last Updated On 26-Dec-2019
Muslim Laws

Instant Divorce

Just after 20days of marriage one of my friend wife divorced her husband while the marriage was took place by the first proposal from the bride's side who directly proposed the groom for marriage n even forced her family to arrange marriage with the Boy chosen by her. Now the Boy doesnot want to divorce his wife while the bride's family without any consultation with the groom family suddenly one Day call that their daughter had divorced her husband n they dont want any discussion ahead, what next could be done from the Boy side? Plz advice

( Nadia, West Bengal )

06-Jun-2019

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A.
Under Muslim law, the wife has no absolute right to obtain a divorce. She can only divorce according to certain conditions.
Posted On 26-Dec-2019
Vidhikarya
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Instant Divorce is now not applicable in Muslims.
You can approach to the family court and get proper remedy if the bride is not staying with you just after 20 days of the marriage.
Hon'ble Supreme Court has upheld the constitutional validity of RCR or Restitution of Conjugal Rights in the case of all religions including Muslim Personal Law,

A person with a Muslim background has to file a civil suit in civil court for RCR,
The ground for RCR could be that the wife has withdrawn from her marital obligation etc.

However, there is no provision for RCR under Muslim personal law (codified or uncodified).
but as because, Muslim marriage is a contract, u have to file suit for specific performance.

Thanks
Posted On 07-Jun-2019
Vidhikarya
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Contact me personally through this website administrator and I will help you surely and let you know much about the further process in this matter. Do pay for consultation before contacting.

Regards
Munish Goyal Advocate
M/s Munish Goyal & Associate Lawyers.
Posted On 06-Jun-2019
Vidhikarya
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Instant divorce not possible
Posted On 06-Jun-2019
Vidhikarya
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Dear Sir,
Now instant divorce cannot happen in Muslim law.
Posted On 06-Jun-2019
Kishan Dutt Kalaskar
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