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My brother wants to take divorce from his wife
09-Sep-2023 (In Divorce Law)
Procedure for getting divorce in Muslim marriage act...my brother is married last yr in Dec and he wants to have divorce from his wife due to compatibility issues and her attitude towards in laws family...he doesn't want her to work anymore...is it possible???
Tripple talak can be a best remedy, however, now it is stayed by supreme court therefore, it cannot be exercise. Though the Muslim Personal law is not codified nor there is any provision in law govern by the Muslim personal law board Which gives power to the Court to grant Divorce to the Muslim Couple. If you are interested to take Divorce from the religious method of Muslim community there are various other form of Divorce procedures which a Maulavi and Quazi can explain in details. The last but not least the option which your brother can Exercise is he can file a Divorce Application under special Mairriage act wherein after examine the case court can grant a Divorce to the Both the Parties.
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Adv. Akshay R Kapadia
Mumbai | 100+ Answers
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This is my response to you:
1. Yes he will have to approach the court;
2. He will also need to consult a local lawyer;
3. He will have to file for divorce only after one year is complete;
4. He will be bound by the laws of the mohammedan law or the Indian Divorce Act.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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