• Fask certificate (Muslim Marriage Dissolution Act)

Greetings !!!!

Good day to All, Please give me legal advice on my below issue.

I'm Muslim woman, due to the family disputes and the long separation, i had contacted sharia chief kazi and got a Fask certificate as per Sharia Law. (Marriage dissolution)

Now, I wanted to process through the easiest way to get the legal divorce certificate by using Fask.

Looking for the valuable help.
Asked 3 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

See for court decree you need to file for divorce under Dissolution of Muslim marriage act on ground of cruelty and no maintenance and desertion for period more then 2 years in the court. The court case shall take some time.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

the certificate issued by the chief kazi is only an opinion and has no legal sanctity, more specifically in view of Section 4 of The Kazis Act. 

you may file a divorce petition in family Court of your concerned District and Session Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You will have to file a petition under section 2 of the Dissolution of Muslim Marriages Act 1939 to obtain a decree for divorce for the dissolution of your marriage on grounds of desertion and cruelty by husband. Also, it is a legal obligation of every husband to maintain his wife, and if he fails to do so, you may seek divorce on this ground too. 

Fask cerificate has no value in the eyes of law.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

File petition under section 7 of family court act for declaration that marriage is dissolved by fask certificate issued by chief quazi 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Hi,

It's suggested that you approach the court of law with appropriate petition and supporting documents for the divorce. The court after following due process, will grant you the decree of divorce.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The certificate issued by sharia chief kazi has no validity in the eye of law. File divorce under Dissolution of Muslim marriage act to obtain a decree for divorce is the only remedy .

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

You can apply to court s per Sharia law. You will get divorce

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Dear Madam,

 

- A petition of Divorce can be filed with Family Court U/s 2 "Grounds for decree for dissolution of marriage" Dissolution of Muslim Marriage Act,1939. Petition as per your case can be filed specific to below sub section which seems applicable

  U/s 2 (i)that the whereabouts of the husband have not been known for a period of four years;
(ii)that the husband has neglected or has failed to provide for her maintenance for a period of two years;

- The Fast Certificate can be attached as exhibit to the petition.

- You shall have to provide enough evidence with reference to his behavior and long separation. 

- Do connect local lawyer of the respective court for better input step wise

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
750 Answers
6 Consultations

5.0 on 5.0

Dear Client,

In Muslims, diovrce if granted on limited ground like delegated divorce where husband delegates his power to pronounce diovrce to wife or

Lian where If the husband levels false charges of unchastity or adultery against his wife then this amounts to character assassination and the wife has got the right to ask for divorce on these grounds.

Thirdly through court on limited grounds. Through Court you have to contest fresh diovrce proceeding and divorce will grant on merit. 

Let the Fask certificate a valid divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Madam.

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939 Following are the grounds on which a marriage may be dissolved under the Marriage Act. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.


Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You may file a declaration suit before the jurisdictional civil court to declare the dissolution of marriage as valid on the basis of the said fask certificate issued by the Chief Kazi.

You can contact an advocate in the local and get the information on it to move on

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer