Divorce for Muslim marriage registered abroad

Question

Divorce for Muslim marriage registered abroad

01-May-2023 (In Divorce Law)

I got married in 2012 to a muslim living abroad. We got the marriage registered as well. I am a muslim living in India. I wanted my wife to settle down with me in India who decided to do so. But end minute she decides not to and instead asks me for a divorce. We filed a mutual divorce in the court. I got a summon in India to appear for the proceeding abroad.

I cannot leave my job and go there. I can neither afford the visit or a legal attorney there. Can I send a letter to the court explaining why I am not able to appear?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2015-05-01T00:00:00+05:30

In Shariat, there is no role of the court in granting divorce. The divorce can be effected in front of 2 witnesses and can be communicated to the wife or if mutual then a deed of mutual consent can be prepared and both can sign and get separated.

However, in your case, we are not clear under which provision has your wife approached the court; nor do we know what is she claiming from the court abroad. Is it for maintenance of for divorce? If for divorce, you can prepare a deed of divorce mentioning the reason as stated above and send it to the concerned court via a registered post.