Seeking divorce want to knw my rights aft divorce


Suffering through adultery from husband past 12years in 14yrs of marriage he now wants to marry his ex girlfren who is also married. Is harassing me for my maintainance n much more . I want to knw being a muslim woman wat r my rights thru law as i want a divorce now and cant live wit such a dirty man of heart mind n soul Marriage not registered but nikhanama is ther wit full proof n affidavit also Wat rights can i claim for my kids 13 n 11yrs n esp myself . Does the constitution n law give me equal rights like any other Indian citizen or not

Answers (2)


244 votes

You have equally rights like other citizens but you cannot seek divorce if you are married as per muslim law ,u need grounds and the ground mention by you is out if Muslim law and hence ,but you can live separately and claim maintain ence for ur self and your kids if born out of the said marriage ,Muslim woman can after divorce or khula ,can wait for iddat period and there after remmary ,during period of iddat if the wife detect pregnancy to then the father of the child so concived will be the husband who has divorced prior to iddat.


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200 votes

Hi,

Yes the constitution and law give you equal rights.

You can file divorce under Muslim Law on the grounds of adultery and cruelty metted on you during your marital life.

You can also claim maintenance for yourself and your minor children and also demand for custody of the children and also for desperate accommodation for yourself and your minor children

The nikahnama will suffice as your marriage proof.

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