Ask a Question - Free Legal Advice

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

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a Muslim background has to file a civil suit in civil court for RCR, The ground for RCR could be that the wife has withdrawn from her marital obligation etc.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

Before marriage my husband is totally bedredden person due to accident doctor given disable certificate 100%.knowingly I married to him because I am widow leady and I am poor, just to serve. In Mohammedan law impotent man marriage is valid or void.i get share r not.

A. If u take divorce to first husband then no issues

Namste, In Mohammedan law impotent man married ,if he died with out consummation.the marriage is valid or void

A. Dear Sir, After his death the wife can claim his properties as per Mohammedan inheritance law. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

Hello I'm a Muslim girl mere Shadi ko 5 saal ho gae hai or meri ek 5saal ki beti hai mere husband mujhe marte hai mujhpr gali galoch ka istemal karte hai mere mummy papa ko gaaliyan dete hai meri nanad or mere husband mujhper jhute ilzam lagate hai sab logo ko jhut bolte hai k mera kisi se galat sambhand hai Pr Aisa Kuch nai hai sir mujhe apne mummy ke ghar jaane Pr Wahi Rahne bolte h dubara wapas mat Anaa Wahi rahne bolte hai abhi meri bety bimar thi to Maine use Dr. K pass le jaane k lie paise mange to Wo mujhe marne lage kahne lage mere pass paise nai hai mujhe gaaliya dene lage Islie mai Apni bety ko le kr apne mummy ke ghar Pr chali aai Ab na to Wo mujhe wapas Aane ko bol rahe hai na hi lejane aarahe hai or nahi paise de rahe hai Ab mai us admi ke past wapas nai jaane chahty hu Pr Wo mujhe divorce bhi nai dera hai bataiye mai Kya Karu plz sir reply kariye

A. Ma'am aap niche diye gaye kaam kare. 1. Domestic Violence ka case under section 12 2. Maintenance for wife and daughter under section 125 Cr.P.C. 3. 498A ka case 4. File for contested Divorce on the grounds of Mental Torture. Thanks

A Married Childless Muslim person had a family of one wife and seven sisters. He was thus the only male member in the family. Six out of seven sisters died before the above said Muslim person the Testator, who too expired some time ago. In his Will, the Testator bequeathed his whole property and assets, in the shares of 1/8th each, to his living wife, living sister and survivors of the six deceased sisters. QUESTION Is the above Will valid and if not then what should be the actual distribution of the estate according to Muslim Sharia Law. Are the survivors of deceased sisters eligible to the share in estate? If not then what should happen to their 6/8 part of the share.

A. Dear Client, The laws on Muslim Wills are not the same as those made under the Indian Succession Act, 1925. Muslim Will are governed by the rules laid by the the Koran. As a general rule in the Muslim law in India (Shariat), any person, who is a major (above 15 years) and is of sound mind, can make a Will but can't dispose of more than one-third of his property without the consent of his heirs. This includes the assets left after payment of funeral expenses and debts. The remaining two-third property is the legal right of his heirs at the time of his death. With respect to Shia Muslims, bequeathing one-third estate to an heir or to a non-heir is permissible. However, under the Sunni Muslim personal law, the one-third inheritance may be made in favour of a non-heir without seeking the consent of legal heirs. If it is made to an heir, it is invalid unless the consent of other heirs is obtained after the death of the testator. However, the such a restriction does not apply to a Muslim whose marriage has been solemnised under the provisions of the Special Marriage Act, 1954 (instead of Muslim personal laws). If the marriage is solemnised under this Act, the rules of Hindu or Muslim personal law cease to apply to him with respect to the matters of succession of his property. In such a scenario, a Muslim may, by his will, dispose of his entire property at his free will. No restriction to gift a property But a Muslim is at his liberty to transfer his entire property in his lifetime through a gift to any person, unless it is a marz ul maut (death bed) gift. Under the Muslim law, marz ul maut is regarded a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. In such a scenario, the person can't bequeath more than one-third of his estate without the consent of the heirs. Property to an unborn child Bequeathing property to an unborn child is not allowed. However, if a mother is pregnant, and a child is born within six months of the death of the person making the Will, the child has all the rights to inherit the property. Form of Will The Muslim law does not mandate a written form of Will. It may be made orally as well as in writing. There is no particular manner in which the Will has to be written. At the same time, unlike a Will made by a Hindu, it's registration and attestation is not mandatory. In case the Will has been made orally, it is the duty of the person to establish and prove the existence of oral Will with utmost precision beyond doubt. If the person making the Will wants to revoke it, it may be done either verbally or in writing. Shanti Ranjan Behera Advocate

I am an Indian Muslim girl and I love with Pakistani boy .and my patents is not agree to the marriage .then boy is come to India and what procedure to court marriage .plz help me ...

A. Dear Client, You can have a telephonic consultation with me through vidhikarya.com Shanti Ranjan Behera Advocate

Sir i got married 5 years ago and i have 2 kids. I and My husband are not living together. He wont do any job properly and he is so short tempered. He statred quarreling even for small matters. He suspects me for every thing. He is not looking after of us. He is a very irresponsible person. He left us in my moms home 18 months back and til now he didn't came and talk also. So i started doing job for our survival.. but he is suspecting me that i have wrong relationship.. from the beginning its self his behaviour was like watching around me all the time. Now my dad is not taking any initiative for solving my problem.. im not under standing that how to solve this. If i try to cal or message to my husband and he is not replying me.. sir please provide your valuable suggestion..

A. dear client kindly file Domestic Violence case and if required divorce case on the ground of cruelty.

I want to challenge the gazette in which my property was listed as wakf property. which court I should approach, high court or ap wakf tribunal

A. A well annointed lawyer could help you in high court proceedings

My grandfather died before the my father and my grandmother died after the my father. Grandfather buying land my grandmother because they have not available in Home. My grandmother is ready to written 1/3 property in me and my brother name but my uncle's said no require to written property you trust me equally distribution property to all. But after the death of my grandmother uncle's are said to me all property in the of my mother. So, you are not legally any right on this property. What is point of view in Law.

A. Why don't you claim on property through court? I am sure you will get your legal share into that property

This is regarding my friend and his family. My friend got married recently evrything seems to be good just when aunty tries to make the bride understand something at home the bride does opposite of that and this has created problem within family. The groom and his family are nice people but the brides family is spoiling their name in society saying the grooms family is torturing the girl. My friend is scared that the brides family should not put false allegations for such silly issues and go to police for complaint. Is there any solution where my friend can first go to police with the proof of his and familys sincerity to avoid in any problem later.

A. Have a word with elder family members and try to settle the matter amicably.