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quesTALAQ FROM A HUSBAND WHO HAS BEEN SEPARATED FROM PAST 12 YEARS!

My husband has deserted me 12 years back. He went to Saudi Arabia and never returned back.How Can I for apply Divorce now?He does not contact me from past 12 years. Eventhough, his elder brother forced me to sign the stamp papers for meher (bride price) in lawyers office. The papers are with him, he refused to give me. I need Talaq from my husband, I need the divorce papers to delete his name in my passport in the spouse column. I kindly request you to please help me to solve my problem.Is divorce permissible if one party signs the paper?How can I take Talaq from my husband.Please help,

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    • ans

      You need to apply for divorce before the Jurisdictional family court i.e., where marriage was solemnised or last resided together as husband and wife or presently residing address. You can apply for divorce under the grounds as provided in 'Muslim Married Women Right to Divorce Act'. You can file the divorce Petition against your husband on your own by appointing a lawyer. If he remains absent to your case then case will be decided in favour of you.

       

    • ansUnder the Muslim laws, Divorce is affected by the husband however under certain special circumstances the wife can also apply for Divorce by consent of husband or under the operation of Law. The Dissolution of Muslim Marriage Act 1939 allows a Muslim Women to apply for Divorce under certain grounds. As your husband has not been in contact with you for over 12 years you have legitimate ground to apply for divorce under section 3 of the said Act. With regards the Meher Documents, the same needs to be reviewed for further advice. It would also need to be viewed what the personal laws state in your specific circumstances and adequate advice can be given once all the information has been reviewed.

      Advocate Praneeta Sharma

        Saiyad Ul Ajaib, Delhi

    • ansHi,
      I assume that your husband's brother has taken signature on Khula paper. As you dont have copy of it, you are not sure about it.

      In this circumstance as you lost your husband's contact and don't know his whereabouts, you can file Petiton of dissolution of your marriage with him under Sec. 2 of Dissolution of Muslim Marriage Act 1939.
      Appkicable sub section in Sec. 2 for you are as follow:

      (i) that the whereabouts of the husband have not been known for a period of four years;

      (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

      (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

      (viii) that the husband treats her with cruelty, ...

      (ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law.

      Advocate Sandeep Hegde

        Rajajinagar, Bangalore

    • ansYou need to apply for divorce before the Jurisdictional family court i.e., where marriage was solemnised or last resided together as husband and wife or presently residing address. You can apply for divorce under the grounds as provided in 'Muslim Married Women Right to Divorce Act'. You can file the divorce Petition against your husband on your own by appointing a lawyer. If he remains absent to your case then case will be decided in favour of you.

      Advocate Jagadish N

        Adugodi, Bangalore

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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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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