Legal Question in Family Law in India
muslim divorce
my muslim friend's wife left him 4 years back n never came back to him eventhough he went to call her several times in the 4 years span. he has has a daughter from her .he went to a lawyer in his village where he got married n sent her 3 notices which were not responded to hence he has a legal document saying that she is not coming back to him. Is this case considered as a divorce or he needs to go back to court n legalize it n if he does then how should he go about it. Can the wife demand an alimony and on what basis??Can she claim for a property share ?? Now this man has married another woman . Can you explain as what steps should be taken by my friend to ensure that he is legally separated from the first wife. Please answer in detail Regards.
5 Answers from Attorneys
Re: muslim divorce
she can claim maintenance even after divorce; the gentleman is free to seek divorce as per law.
Re: muslim divorce
seek divorce in court now
she is entitled to claim
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Re: muslim divorce
one thing you can try through the masjid to get it documented that the mariage is not in existance. and the other you can file a case - divorce - wilful desersion - and get the marriage declared as null and void. the husband is liable to maintain the wife and the child - she may demand a alimony - the child has all the rights as a lawful daughter!
Re: muslim divorce
When you have already sent three notices and your wife is not responding than file divorce case in the concerned court.
Re: muslim divorce
well in this case you need to declare that the marriage is not in existence taking a authorised declaration from the masjid
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