Advocate Rapheeque CK

Questions Answered by Advocate Rapheeque CK

Q: I wanted to know about remarriage

I am a christian ,got married to a hindu by special marriage act ,it's been 1 year,we both can't go happily. ... I married him according to special marriage act when I was in college without my parents knowledge. we had planned to make is as arrange married after my course finishes.. but now we realised that we both can't live without converting to ones religion..ow I decided to marray another from my religion .my first spouse will never disturb me in future ...but for divoirce it will take time .we have not lived together ... my family done everything for marraige .so will i be able to remarry if my first spouse has no problm? . Will my second spouse come to know that I married before...do we need to show divoirce certificate for christian marraige ..will angine come to know that I got married by special marraige act while our christian marraige register .?

Advocate Rapheeque CK answered
You cannot remarry before getting divorce.If your husband ready for mutual divorce, it can dissolve within a week, if he is not ready for mutual divorce it will take minimum 1 to 2 year.First discuss with your husband about divorce, after that you can decide what steps should be taken for dissolving marriage.

Q: My family is targeted by higher rank intelligence bureau officer

My father in law , who is above mentioned officer using his professional influence to frame case against my father. I got married six months back and we came to know that , my wife is mentally retarded ( certified by world renowned Hospital). This was hidden by her parents before marriage. Now we are proceeding for the divorce. They keep on asking to return the gold, which we turned down by stating that the process will go through court. We told them we will return everything during the divorce procedure, since we have never planned to go for cheating case against them. Now , a case has been filed by my wife against my father on abuse and illegal holding of ornaments. Her medical report states her mental age is 7 years old. We are getting calls from police station to meet . Earlier father in law has misused his position sent a IB person to the hospital where her mental checkup was done to collect the result and other things.As a common citizen, how can we get justice.?

Advocate Rapheeque CK answered
You can file divorce petition before family court as early as possible and file a complaint before jurisdictional police station as well and don't make any unnecessary actions from your side, you have only remedy to approach court and you will definitely get justice from there.

Q: Finish Divorce without mutual consent

I have filed for a divorce, alimony and dowry settlement last year. My husband is in oman, because of that the case is extended. We have been living separately for 5 years because he was abusive and jobless (failed to provide for his family). I tried for applying for divorce with Mutual Consent but he is not willing. As i have applied for Canada Immigration it is quite difficult to continue with marriage status ( immigration officer request husband's PCC, Medical and 3lakh in bank account ) , I tried with marriage status before filing for divorce, my husband didnt give any papers for that also. Anyway i can get divorce sooner

Advocate Rapheeque CK answered
You should mention the current position of your cases which was filed by you against your husband.. 1.If your husband not yet appear before the court, you can get exparte order from court.2. If your husband appeared before court and trying to drag the matter, you can file an application before court for getting direction to your husband for giving necessary papers and documents for your emigration purpose.

Q: Compensation Payable to Husband for wife's premarital relationship

I have a relationship with a girl. But after knowing about all about the relationship with me, the girl was forced by her family to marry some one else and after one month of marriage her husband get in to know the fact that she has an affair before marriage. Her husband got this knowledge from a voice message sent by me on whatsup. Her mother in Law was finding false problems and she told me that she cannot continue with the relationship. I supported her and told her get divorce and i will marry her. this conversation get in to the knowledge of her husband and he dont want to continue with this relationship. Now Her husband asking for compensation and her brother told me that if something happens with paying compensation he will file a case against me for compensation. Is there any legal right for his brother and her husband to claim compensation from me legaly?

Advocate Rapheeque CK answered
As per existing family law , it is not possible, but they can file suit for damages before Court of law. Her brother can't file any case against you in this circumstance. In this case you are not responsible for paying compensation to anybody.

Q: Wife doesn’t agree for divorce

I am muslim man married for 2 years. We had problems from starting. There has not been any physical relation till now. We hardly talk, we keep fighting. I talked to her family about divorce but they tell me “u cant divorce her, we wont allow”. Even my family doesn’t understand the concept of incompatibility and force me to adjust with her whole life. When i talk to her about divorce, she doesnt say a word. She doesn’t discuss a things about marriage, i keep talking about marriage and divorce but she pretends as if she isn’t even listening it and says no matter how unhappy we are, she will never divorce me. I am stuck in a dead relationship.

Advocate Rapheeque CK answered
As Muslim male , you can pronounce Talaq as per Muslim personal Law. You have a right to get divorce on the ground of non consummation. If you pronounce Talaq on that ground ,she has no right to get Mahar also. If you wish to pronounce Talaq It must be in the procedure contemplated by the Muslim Personal .