As a Muslim woman, what are the different ways I can pursue a divorce under Islamic law in India?

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Law Forum › Category: Muslim Law › As a Muslim woman, what are the different ways I can pursue a divorce under Islamic law in India?
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Apni Law Staff asked 2 years ago

As a Muslim woman, what are the different ways I can pursue a divorce under Islamic law in India?

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Apni Law Staff answered 2 years ago

Under Muslim personal law in India, a Muslim woman can seek divorce through ‘khula’, ‘talaq’ (if granted by the husband), or by approaching a court for a divorce decree based on grounds like cruelty, desertion, or non-provision of maintenance.

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## Can a Person’s Religious Conversion Impact the Minority Status of Their Institution? Imagine a man named Ramesh, who was born a Hindu and converted to Islam in 2014. He established two educational institutions, one in 2002 and another in 2015. The National Commission for Minorities Educational Institutions (NCMEI) Act of 2004 states that an institution must be established by a minority to qualify for minority status. Since Ramesh was not Muslim in 2002, his first institution would not qualify. However, his second institution, established after his conversion, would be eligible. This raises a question about the legal implications of a person’s changing religious identity. Can someone hold two distinct legal statuses based on their conversion? Does the law apply retroactively, affecting the past, or only prospectively, applying to events after the change? Let’s explore a similar scenario: If Ramesh was initially Muslim and converted to Hinduism in 2014, would the same principle apply to his institutions established before and after his conversion?

What’s the simplest way to get a divorce in India if both partners agree, especially under Muslim law? If a husband wants to divorce his wife after only two months because she’s having an affair, is that possible? If both want a divorce so they can remarry, how quickly can it happen? After the divorce, is the husband obligated to pay anything to his ex-wife, or does it depend on her demands? If he wants to marry again, what’s the process and are there any potential problems for his second wife related to his previous divorce? In the case of multiple marriages, whose rights come first, the first wife or the second wife?

I’m a Shia and eloped with a Shia girl. We returned after our families promised to get us married. Now they refuse, saying a marriage without parental consent is illegal and they won’t recognize it. I have a Nikahnama. Can I file an FIR?

I sent a registered letter with a demand draft for Iddath and included evidence of Talaq, just nine days before filing a complaint in a Lok Adalat. They’re demanding a high amount for the divorce and want my wife to talk with me. My lawyer has helped me avoid a 498a case so far. Since I’ve sent the Talaq, can I get the divorce finalized in the Lok Adalat? They want a large sum for compromise, which I cannot afford. I never took any dowry from them. What should I do to protect myself from further legal claims?

My mother was separated from my father in October 2015. He forced her out of the house and she had to stay with my sister. After a couple of months, he brought her back and tried to get her to remarry him. She managed to escape and went back to my sister’s in April 2016. She doesn’t want to go back to him. There’s no proof of the separation, and the witnesses are on his side. They’re pressuring her to return. How can she get a divorce now?

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Previous Article My marriage in 1997 was blessed with a son in 1998. However, my husband left me in 1999 and I only discovered later that the divorce was fraudulent. He remarried in 2011 and has two children now. We were separated after just a few months. I’m still legally his wife, but he refuses to acknowledge me. My son is deeply hurt by his father’s rejection and is struggling emotionally. My son and I are being blocked from our rightful place in the family home. Can I take legal action to protect my rights and my son’s? How can we ensure his rightful share in the family property?
Next Article My elderly father owns a residential property in Gautam Nagar, behind AII. He’s given me legal power of attorney for this property, registered with the High Court in Nainital, Uttarakhand. We live in Uttarakhand and he’s unable to travel to Delhi. How can I transfer ownership of the property to my name without him needing to visit Delhi? Thank you for your advice.

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