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Husband harassing me, I want divorce but he is not ready. What to do ?
31-Jan-2023 (In Muslim Law Law)
Iam muslim and my age is 36 years and i married this man in the court. it is love marriage .He is short temper. He beat me and abuse me.i cannot go to my family.He says give foul words.For silly reason he beat me and warn me of dire consequence.In 2016 i ran way but came back. I am working woman. Now i want divorce for my dignity and respect.He is not permitting me.The inlaws never let me attach me with my daughter.They have denied the all attachment to me.now they are provoking him, to let me leave my job. because of this man i dont have friends.i need to move ahead in life and want my dignity and respect and my life back. So called husband is not ready to give me divorce in any condition. I dont know what to do next.I ask for khula that is wife asking a divorce from the husband.but he saying we were married in court. when i ask for mutual consent divorce he is saying go and bring your mother and aunty in which presence we perform nikah after we have court marriage nearly 6 month.
According to Islam, marriage performed only in court with out signing the nikah contract and also without the presence of Wali or guardian , then such marriage is not valid and it's haram. If marriage is done only via court by registration that is valid only in the eyes of Indian laws. So you need to get divorce via family court by filing a divorce petition and contest the case. Mohammedan law will not come into picture when marriage is done through registration under marriage act.
You need to file a suit for dissolution of marriage, the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In the case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails and the case will be contested by the following procedure and finally court will pass a decree for dissolution of marriage.
You need to file a suit for dissolution of marriage, the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In the case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails and the case will be contested by the following procedure and finally court will pass a decree for dissolution of marriage.
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Adv. Mirza Faizan Assad
Bangalore | 25+ Answers
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