Advocate Mohammed Munawar

Questions Answered by Advocate Mohammed Munawar (25+ answers)

Q: If I have an FIR against me, can I still appear for the civil services exam according to UPSC rules

I am in my final year of graduation and want to attempt the civil services exam. However, my family and I were involved in a legal issue recently where our neighbor filed trespassing, theft, and physical abuse charges against us. The case was resolved in February through compromise in Lok Adalat, and they withdrew the case. Will this incident create any issues for me when I apply for the UPSC exam? Please help me with this concern.

Advocate Mohammed Munawar answered
Dear Sir, As per my knowledge there is no problem at all only thing that you need to have that Lok Adalat Award Copy with you in case if anything asked you can produce the same before or at the time of interview or while submitting the papers once you have qualified for the same. All the Best and Good luck in the future endevour.

Q: how long does khula take and What are the grounds to go for Khula ?

I don’t have a marriage certificate, as it was not issued by the Molvi after our Nikah. We got married with our own consent, and our parents were unaware of it. This June marks 3 years of our marriage.

My husband has already pronounced 2 Talaqs and is now asking me to take Khula instead of giving the 3rd Talaq. However, since I don’t have a marriage certificate, I am unsure if I can proceed with Khula divorce. What should I do? How to take Khula in Islam without a marriage certificate?

Advocate Mohammed Munawar answered

Simplified and Optimized Version for Indian Audience

• A woman must have valid reasons for Khula, such as neglect, cruelty, incompatibility, or abandonment.
• If both spouses mutually agree, Khula can be granted through a Qazi without court intervention.
• If the husband refuses, the wife can approach the court under The Dissolution of Muslim Marriages Act, 1939.
• In most cases, the wife may have to return the Mahr (dowry) or compensate the husband, unless he forgives it.

• A woman must observe an Iddah period of one menstrual cycle (or one month if she has reached menopause) to ensure she is not pregnant.
• If pregnant, the waiting period lasts until childbirth.
• Unlike Talaq, which requires three menstrual cycles, Khula has a shorter waiting period.

1. Husband is missing for 4 years.
2. Husband fails to provide maintenance for 2 years.
3. Husband is sentenced to imprisonment for 7 years or more.
4. Husband is impotent or suffers from incurable diseases.
5. Husband treats her with cruelty, including:
   1. Physical or mental abuse.
   2. Forcing her into immoral activities.
   3. Having multiple wives and treating her unfairly.
   4. Preventing her from following her religion.
6. Any other valid reason recognized under Muslim law.

• After Khula or divorce, the husband is responsible for the children’s education and maintenance.
• The mother has custody of the children for the first seven years, after which the child can choose to live with either parent.

Q: What is ia status in court mean ?

I am a plaintiff. After I received a notice from the Court, I submitted my plea statement in front of the Court. Later, the court status is showing as "Call with IAS PENDING." What does IA pending mean in court? And what is IA status in court?

Advocate Mohammed Munawar answered
As per my knowledge, first, if you are a plaintiff, you should not have received a notice from the court. Second, IA status meaning refers to petitions filed along with affidavits before the Hon’ble Court by either the plaintiff or the defense, which have not yet been heard and are still pending.

Q: Next hearing date for mediation

My wife has filed for divorce under sec 13 i (ia). The judge has referred us to the mediation center. I went to the mediation center on the date given (5th July 2019) and myself and my wives name was called out I went to the Judge desk and my wife (petitioner) did not come on the said date. The judge did not give me date for the next appearance date. I also forgot to ask for the next date. I came back and am looking for an update on the web site ecourts Guntur but the next hearing date or mediation is not updated.I do not have a lawyer and cannot go to Guntur in person from Bangalore to know the mediation date. Also if I miss the mediation counselling and go to court on mediation report date what will happen. Will the ruling be against me or will the judge give another chance of mediation please explain. Can someone get me the next mediation date ?

Advocate Mohammed Munawar answered
can you please let me know the case number, hopefully the judge should give the next hearing date for mediation.the stage is at mediation so both the parties must be present for counselling.the counselor will again in turn have to report the mediation procedure to the court what has happened and all.

Q: Do I and my children have any right on my dead husband's property

Respected Sir Husband had sudden heart attack, passed away, now my narcissistic mother in law is keeping all my gold (ie both from my side and her side) and not allowing any share in husbands property. I have one 3yr old son and 1 yr old daughter. what is my share and the childrens share of their fathers property. Everything is being kept hidden from me. kindly advice me on this matter as this is not getting solved inspite of my family elders repeatedly trying to sort it out by peaceful means considering DEATH as a loss to both the families BUT My In laws are just tricking us.

Advocate Mohammed Munawar answered
Dear Sir/Mam, As per my knowledge and informationWidow’s right to succession:Under Muslim law, no widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries. In a simple way Muslim woman: In the event of the death of her husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). If there is more than one wife, the share may diminish to one-sixteenth.Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.Per capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.Per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.In the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows: The wife of the deceased will receive 1/4th or $2,500.00The mother of the deceased will receive 1/3rd or $3333.33The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.