My partner and I are Shia Muslims and want to get a divorce. What steps do we need to take to file for a mutual divorce under Islamic law?

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Law Forum › Category: Muslim Law › My partner and I are Shia Muslims and want to get a divorce. What steps do we need to take to file for a mutual divorce under Islamic law?
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Apni Law Staff asked 2 years ago

My partner and I are Shia Muslims and want to get a divorce. What steps do we need to take to file for a mutual divorce under Islamic law?

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Apni Law Staff answered 2 years ago

In India, mutual divorce under Islamic law is not recognized. Shia Muslims can seek divorce through a Khula or Talaq, requiring legal representation and adherence to specific procedures as per the Dissolution of Muslim Marriages Act, 1939. Seeking legal advice from a qualified lawyer is essential.

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My brother, a Muslim, married on March 25th, 2016, but they divorced on September 20th due to her constant disrespect and insults. She even threatened to never return after a possible pregnancy and file for maintenance. To prevent further issues, my brother granted her a divorce. On September 27th, she filed a dowry case with the police, claiming we took dowry. We never did. She presented fake photos of herself wearing gold and a loan document from her father to falsely support her claim. They now demand a large sum of money or threaten to file false cases against our entire family. What can we do about this false dowry case? We need help. She couldn’t file a case under Section 498 because she was studying for her Masters degree and living at her mother’s place.

I got married to a Muslim woman in 2002. We are both from Hindu and Muslim families, respectively. My wife’s brothers are trying to take over her family’s property and are even forging signatures. Can she claim a share of her parents’ and grandparents’ property? If so, what percentage is she entitled to? Any guidance you could offer would be greatly appreciated.

My brother tricked my four sisters, including me, into signing a release deed for our ancestral property in 1989. We filed a lawsuit against the deed in 2011 and it’s nearing its final stage. I need advice on how to proceed.

Does a divorce uttered under the influence of alcohol or drugs hold legal standing in India?

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