Can you explain the legal documents required for a Muslim divorce in India? Which sections of the law apply? What are the steps involved in getting a notary divorce? Also, is it possible for the other party to file a case after the divorce?

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Law Forum › Category: Muslim Law › Can you explain the legal documents required for a Muslim divorce in India? Which sections of the law apply? What are the steps involved in getting a notary divorce? Also, is it possible for the other party to file a case after the divorce?
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Apni Law Staff asked 12 months ago

Can you explain the legal documents required for a Muslim divorce in India? Which sections of the law apply? What are the steps involved in getting a notary divorce? Also, is it possible for the other party to file a case after the divorce?

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Apni Law Staff answered 12 months ago

In India, Muslim divorce is governed by Islamic law, specifically the Muslim Personal Law (Shariat) Application Act, 1937. The main documents required are a Talaqnama (divorce deed) and witnesses. A notary divorce is not recognized under Indian law. The other party can file a case after divorce, for example, to challenge the validity of the divorce or seek maintenance.

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Previous Article My sister has been struggling in her marriage. She’s returned home several times in the last two years due to issues with her in-laws. If we were to file for divorce, what financial support and expenses could we seek?
Next Article My father, Ram, passed away in 2010. Following his demise, all his property, acquired through purchase and inheritance, was transferred to my mother, Sita. Ram had one son, myself, and two daughters, Geeta and Maya. 1. How can Sita, myself, Geeta, and Maya gift or transfer some of the property to my wife, Lakshmi, to avoid future disputes with Geeta and Maya? 2. If we register a partition deed where the entire property is allocated to my share, except for a house for Sita and nominal amounts for Geeta and Maya, can Geeta and Maya legally challenge the distribution in the future, even though they are currently willing to relinquish their shares?

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