Legal Question in Family Law in

You can file a divorce case against him under section 13.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Dear Farzana,

You are advised to seek proper divorce before remarrying to person of your choice.

You need detailed advice and you can contact me if you are at Delhi.

My nos are reflecting below.

you can fie a divorce case in court

In view of recent developments, your divorce may still not be valid and your husband may need to seek divroce through court. You may read the following information I downloaded :

Uttering talaq, talaq, talaq (I divorce you. I divorce you. I divorce you.) in the presence of three witnesses in the past was enough for a Muslim man in India to divorce his wife, even if his wife was not present. The basis for these divorces could be such trivial matters as the ability of the wife to cook, her appearance or answering back to her husband. This divorce practice, based on Islamic sharia law, affected Muslim women from all social classes and educational levels in the country, leaving many women destitute without any means of financial support.

Now the Mumbai High Court has ruled that Muslim men will have to divorce their wives in court, giving Muslim women the right of due process of law. This ruling will apply not only to Muslim men and women in Mumbai but to Muslims throughout India. In its ruling, the court states that a Muslim man must hire a lawyer, file a divorce petition and bring his case before a judge, who will decide, among other things, if the divorce is justified and whether the husband must provide financial support for his wife after their marriage is annulled. The court will also assess whether the man has made an effort to reconcile with his wife as prescribed by Islam. Moreover, the man�s wife must be present in the courtroom.