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In Muslim Law, Notarized Divorce Is Valid Document ?
29-Dec-2023 (In Documentation Law)
My friend got married in Feb 2017 and wants to take a divorce mutually with his wife. Both are muslims. He was advised to get an agreement notarized in front of 2 witnesses. Is this document valid legally? Can this notarized document on rs. 100 stamp paper be used for re-marrying under special marriage act ? Most places I read say that notarized agreement isnt valid legal document but a lawyer suggested that it is. Can someone help to clear the confusion?
No. It is not valid one. In Muslim law I need to get divorced by saying tapas for three time in three months and it has to said in front of Kazi and two or three witnesses and follow the idat period by both parties and thereafter lazy issue talaq nama. Which is valid in eyes of law. Then only both can marry again to another persons
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Adv. Roopa Daxini
Aurangabad, Maharashtra | 25+ Answers
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The process to divorce mutually under Muslim law is called ‘Mubarat’. Both parties need to file consent terms before a registered mufti/ Maulana Alif with 3 witnesses which will be duly notarised by notary. Once the iddat period of 3 months 10 days transpires, the woman can remarry. For men, there is no iddat period.
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Adv. Menaz Maqbul Shaikh
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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