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Thread: divorce by mutual consent

  1. #1
    New Member
    Join Date
    Sep 2012

    divorce by mutual consent

    I need to know a few things. i am a converted muslim ( for the heck of marriage) and i am heading for a separation based on a mutual consent.
    1.how much time does it take for the dissolution of a muslim marriage?
    2.what is the procedure?
    3.what are the requirements?
    4.how does indian court of law act after one has the document of talaqnaama?
    5 does it still need to give a couple 6 months before announcing that they are divorced?
    6. how much time does it take for the indian court to act on a talaaqnaama

  2. #2
    Senior Member
    Join Date
    Aug 2012
    Hi Ayesha,

    Read the following information and act accordingly…

    1. Khula is the way of ending a Muslim marriage which is a form of divorce with the consent and at the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. In this form relieving the husband from payment of mahr to the wife may be a consideration.

    2. The dissolution of Muslim Marriage act, 1939

    3. Unless it is otherwise provided by the contract, a divorce effected by khula’ or Mubara’at operates as a release by the wife of her dower, but it does not affect the liability of the husband to maintain her during her iddat, or to maintain his children by her.

    4. You can ask for decree of divorce on the basis of the Talaqnaama. You can mention the address last known to you. The court would ask you to make a paper publication when the normal summons would return unsure. Thereafter there should not be any problem to fix a date for ex parte hearing and thereafter ex parte decree as well. But that should take a time of at least a year.

    5. Under the New Talaqnama, the separating couples would be given a minimum of three months to reconcile, instead of shauhar (husband) just firing talaaqs to separate without giving any chance to his begum.

    6. one year

    Hope, this information could be useful to you!!!

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