• Muslim divorce law

Hi,
My husband showed me a divorce document from Oman (middle east) saying he got divorce there.
I was not present in Oman, nor he informed me in any way. He simply filed a case of divorce declaration in our native city Family court and forced me to accept.
My knowledge of Shariat Law says this Divorce is invalid as per Constitution of India. But he has been harrassing me and taunting me and my family based on this foreign country divorce. He is not maintaining me and deserted me and my son (who is a special child). I am in great distress as he is threatening me with custody battle etc and is rich enough to get top lawyers.... i am unable to work as i am caring for my son who is 5yr old. Kindly guide me as to the best legal option for us.
Asked 4 years ago in Family Law
Religion: Muslim

9 answers received in 1 day.

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24 Answers

You can file petition under section 125 cr pc seek maintenance for yourself and child

2) if your husband has obtained divorce in Oman and you did not participate in divorce proceedings divorce decree would not be valid in India

3) your husband has to file petition for declaration in family court in Lucknow that marriage is dissolved by Oman divorce decree

4) notice would be issued to you

5) if you accept that marriage is dissolved then divorce decree would be valid in India

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Just file a maintenance case of 125 crpc for obtaining monetary relief and see how it works wonders.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. How did he force you to accept before the Family Court in India? If a consent decree has been passed by the family court then you can challenge it in the High Court only on the ground that your consent was obtained through coercion, hence it was not a free consent, but the onus to prove this will be on you.

2. Even after dissolution of marriage you can claim maintenance for yourself and your son by filing a case under 125 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) Divorce order by passed by foreign court is not valid in India. Only mutual consent divorce passed in foreign court is acceptable in I dian court.

2) So you can ask court for justice in favor of you and deny foreign court order.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

Go ahead and file a case of maintenance under section 125 of cr pc for yourself and for the children.

Also file a suit of declaration thereupon getting a declaration that your’s is a valid marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello,

kindly file a maintenance application before the court. moreover that divorce decree is not valid in India and this is an illegal act he has committed so challenge the decree in the court.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You can file for maintenance under 125 crpc. You can also file domestic voilence case and seek maintenance from him

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Decree (Divorce) of foreign court is not valid as passed uncontested. You should apply for maintenance for both child and You and other relief under Protection of Women from Domestic violence act.

If in any of the case, he brings defense of being divorced granted by foreign court same shall be ignored by court or declared void u/s 13 of Code of Civil Procedure.

Muslim women whether divorce or not entitle to relief under above acts irrespective of personal law.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Mam firstly file for maintenance under section 125 crpc for you and your child the court shall award maintenance.

Secondly file.fkr declaration of dicovorce invalid as held by.court in many cases that even for divorce under personal law in muslims the notice of divorce.must be given to.wife she should be aware of the reason she is being divorced.

Further no foreign decree taken unilaterally for divorce is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If he is not paying file execution. In execution case you can issue warrant of arrest for non payment

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Your husband has committed contempt of court by flouting HC orders

2) his 2 cases would be dismissed

3) seek expedited hearing of your contempt case as husband has failed to take you and child to Oman and not sending sufficient maintenance amount

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

hello,

a contempt of court was filed by you due to non-compliance of the judgment by him. that is still pending. try to expedite the matter and ask for an early hearing due to the care and protection of the autistic child. the habeas corpus case should also be expedited. these issues must be sorted out as he has tried to entangle you in a series of litigation so that may give up in exhaustion.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Press on contempt filed by you,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Mam you can file for maintenance for your child and you under 125 crpc so that the amount of the maintenance to be given can be decided.

In habeaus corpus the child can be presented before court and you can contend that is false and husband took no steps to meet his son or bear any expense as he has not provided any amount on that ground the writ and contempt can be rejected and dismissed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The unilateral divorce obtained by him and at your back, is not legal in India.

Thus, he will never be able to get this unilateral divorce granted by the Court at Oman, affirmed in the declaratory suit in India.

You must seek maintenance from your husband.

Your child must also seek maintenance from your husband.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If he is not complying with the order passed by the High Court in the ha beaus corpus writ petition decided by the High Court, you must file a contempt of court case against him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Welfare of child is paramount consideration

2) since your child is only 5 years old suffering from autism court woukd not award father custody

3) court would grant him visitation rights

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You can file a RCR suit against him for restitution of conjugal rights.

You can file a Petition seeking maintenance for you and your child under section125 cr.p.c.

You can file DV case against him seeking protection, maintenance and residential rights.

You have to fight it out legally.

You should not be worried about his lawyer.

You concentrate on your case alone.

You must determine to fight against him on all odds.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You pursue your case filed against for contempt of court properly.

You can challenge his HCP case and contempt case on merits and strong documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

First of all drop your negative thoughts that"I cannot".

You should always have confidence that you can manage all the situation effectively.

If you put up a brave fight in the child custody case you can win the case.

Generally the court prefers custody of special child with the mother owing to the nature of care to be given to the child.

Fight it out confidently.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

If he is financially sound than he will pay maintenance for you and child. Mother poor financial condition, no reason to deny custody to her.

Child will not be allowed to taken out of country otherwise mother visitation rights will hamper.

Court will order to pay maintenance to you and child medical and other expanses.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Even if takes the custody then also he will not be able to take the child out of India, you make a mention that you are entitled to the visitation right.

Also, make sure to contest the case on the ground that the presence of mother is required for the upbringing of the child.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

C%--c

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Mam you can contest the custody on the ground that father wont be take care and will take child to Oman further the mother is best person and the habitual residence of the child is with you so should not be removed from the habitual residence. Further seek maintenance for the child from father, Dont worry the court wont take custody from you and give to father maximum he can take is the visitation rights of the child seeing age of child and other factors.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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