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Sister want divorce according to Muslim law
11-Sep-2023 (In Divorce Law)
Need a Divorce to my sister.she has two children .this two children also must get to our sister side.please suggest us sir.they both are minor with age 5 and six. We belongs to Muslim caste.
Hello sir/Madam
Yes you can get divorce under Muslim law and you have to file separate petition under divorce petition to get custody of her children.
Let's discuss will explain how to proceed.
Thank you
Yes you can get divorce under Muslim law and you have to file separate petition under divorce petition to get custody of her children.
Let's discuss will explain how to proceed.
Thank you
Helpful?
Adv. Thakur Anoop Singh
Hyderabad | 25+ Answers
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Dear,
Your sister should consult her husband and seek Talaq-e-Tafweez or mutual divorce. However, in the two cases, your sister's right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless your sister's husband himself gives your sister the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, your sister cannot get divorce unless her husband also gives his consent to it. If your sister's husband is not accepting for divorce, ask your sister to file a divorce petition under the Dissolution of Muslim Marriages Act, 1939 in the family court and to proceed further. Coming to custody of children, your sister is entitled to the custody of her son (if she has son) till the age of 7 years and of her daughter ( if she has daughter) till she attains puberty.
Your sister should consult her husband and seek Talaq-e-Tafweez or mutual divorce. However, in the two cases, your sister's right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless your sister's husband himself gives your sister the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, your sister cannot get divorce unless her husband also gives his consent to it. If your sister's husband is not accepting for divorce, ask your sister to file a divorce petition under the Dissolution of Muslim Marriages Act, 1939 in the family court and to proceed further. Coming to custody of children, your sister is entitled to the custody of her son (if she has son) till the age of 7 years and of her daughter ( if she has daughter) till she attains puberty.
Helpful?
Adv. B. Srikiran
Hyderabad | 500+ Answers
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Your sister can obtain divorce on grounds of cruelty/desertion as per muslim law. As per the age stated by you, your sister will get custody of children. You didnt mention why does your sister want divorce.
Helpful?
Adv. Naveen Kumar Ahir
Hyderabad | 100+ Answers
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