A Hindu woman married a Muslim man in 2015, following Muslim rituals. The marriage wasn’t officially registered. She’s facing harassment from him for money and filed a case under the Domestic Violence Act. He refuses to grant a divorce as per Muslim law. They have a son who lives with his mother. They’ve been living separately for the past two years. How can she get a divorce from her husband? Does she need to wait for the Domestic Violence case to be resolved? What are the implications if she doesn’t pursue the divorce?

Apni Law
Apni Law
Law Forum › Category: Divorce › A Hindu woman married a Muslim man in 2015, following Muslim rituals. The marriage wasn’t officially registered. She’s facing harassment from him for money and filed a case under the Domestic Violence Act. He refuses to grant a divorce as per Muslim law. They have a son who lives with his mother. They’ve been living separately for the past two years. How can she get a divorce from her husband? Does she need to wait for the Domestic Violence case to be resolved? What are the implications if she doesn’t pursue the divorce?
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Apni Law Staff asked 3 years ago

A Hindu woman married a Muslim man in 2015, following Muslim rituals. The marriage wasn’t officially registered. She’s facing harassment from him for money and filed a case under the Domestic Violence Act. He refuses to grant a divorce as per Muslim law. They have a son who lives with his mother. They’ve been living separately for the past two years. How can she get a divorce from her husband? Does she need to wait for the Domestic Violence case to be resolved? What are the implications if she doesn’t pursue the divorce?

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Best Answer

Apni Law Staff answered 3 years ago

The woman can file for divorce under the Hindu Marriage Act, as she was married under Hindu law and the marriage wasn’t officially registered. The Domestic Violence case doesn’t need to be resolved first. If she doesn’t pursue divorce, she may continue to face harassment and the legal implications of their separation will remain unresolved, affecting her and her son’s future.

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