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Muslim girl wants divorce from her Husband
09-Mar-2025 (In Divorce Law)
Child Marriage done at 14 yrs of age have 2 Children, just 2 years back she signed divorce papers but didn't send to her husband yet, and living with unmarried Hindu person. can one sided divorce possible for Muslim woman and can she send that same paper to her husband now. but she don't want to go to court hearings. as her hometown is 2120km away. Also need advise if that Hindu person and Muslim Woman can marry without woman giving divorce to her husband
You need to go for the Khula form of divorce and need to send the same to your husband. Also, unless you get divorced, you cannot get married again. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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No when a marriage is not dissolved by the court yet the Muslim woman can not remarry. Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.
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Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
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Under Muslim personal law, a Muslim woman can obtain a one-sided divorce (Khula) without her husband's consent. However, simply signing divorce papers does not make the divorce legally valid unless proper procedures are followed. If she signed Khula papers but never sent them to her husband, she should now formally send them and seek confirmation of divorce through legal channels.
If she does not want to attend court hearings, she may appoint a lawyer to represent her. Alternatively, she can apply for a divorce under the Dissolution of Muslim Marriages Act, 1939, citing valid grounds.
Regarding her relationship with the Hindu man, she cannot remarry until her divorce is finalized. Under Indian law, bigamy is an offense, and a second marriage while still legally married is void. She must first ensure her divorce is legally recognized before entering into a valid marriage with the Hindu person.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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