Legal Question in Family Law in India
hello,
i have done nikah and have high court protection against our nikah, after that marraige my wife go her home to convince her parents, but their parents do not get convinced and they are asking to leave her, we have done marraige before one year and not their parents have lodge a case against me that i have done nikah forcefully and they are trying to remarry her, plz suggest me legal steps and now my wife is also saying to forget her, i have voice recording of my wife which shows that she have done marraige according to her wish and how happy she is after marraige
what should i do, plz suggest
2 Answers from Attorneys
How did you marry? In a mosque or court marriage? Serve a legal notice first calling upon her to resume cohabitation. If she does not, you can seek a direction from the court. They can not get her remarried. Rest upon consultation.
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1) A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat.
2) She has the right of the wife to give divorce under the Dissolution of Muslim Marriages Act 1939.
3) The divorce by wife can be categorized under three categories:
(i) Talaaq-i-tafweez (ii) Lian (iii) By Dissolution of Muslim Marriages Act 1939.
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