• Khula by unregistered Qazi

I live in Chicago, IL. U.S.A.

I need an affidavit from a lawyer in Mumbai stating that a Fasak or Khula by unregistered and unaffiliated Qazi is NOT Legal by Government of India, until the muslim woman petition the case in Bandra Family Court  and a judgement order must be entered by the Family Court judge in order for it to be a 'Legally Binding' and enforceable.
Please see the attachment by Judge Bhatt.  I need an attested affidavit of indian lawyer confirming this opinion.

Regards,
aM
Asked 1 year ago in Family Law from United States
Religion: Muslim
1. Lawyers do not execute affidavits. They only furnish their legal opinion which is called "Lawyer's report'' and which can be filed in a court of law.

2. It is a fact that an unaffiliated qazi cannot give a khulanama. If the woman has petitioned the court the court alone can give a legally enforceable finding on the issue. The khulanama given by the qazi can be challenged in the court which can quash it as illegal. 

3. You may obtain the required report from any lawyer. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) no attachments found 

2) contact any of lawyers in Mumbai on this site for written opinion in this regard 

3) lawyer will only give a written opinion and not an   affidavit
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Hi, take phone consultation any  one of the advocate who has listed in this site and get an legal opinion from him.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi
1. Such affidavit will not be issued by an advocate, an advocate can give an opinion regarding this.
the advise is that a qazi is not giving khula or talaq, as there are many ways of divorce mentioned in Sharia law.

2. Talaq will be valid even if the qazi is is not  registered. It has to be pronounced in front of two witnesses and a qazi. 
3. In bandra family court cases from Mumbai district is admitted, so according tot he jurisdiction  one can file petition.
4. As per sharia law, if a khula or talaq pronounced in the presence of two witnesses and the spouse ha sto be intimated with a notice of it.
If any grievances  you can approach the high court for directions  by challenging the talaq
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
where is the attachment????

Khula/Fasak is also a kind of divorce demanded by the Wife, if both the parties are ready for Khula then they may execute a Settlement deed with terms and condition and based on this settlement the Khulanama can be draft by Lawyer and after this procedure, for the legally binding the civil suit for declaration can be filed before court and court may pass an order regarding the same.

send the attachment for further assistance and get best advise.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
No file was found to be attached as stated for perusal and providing further advice.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Why should an advocate give an affidavit for you?How can you demand an advocate to give depose an affidavit to you on the subject query?
What is your question?  Do you need opinion on the subject matter?
If the court has found that the Khula pronounced by a Qazi cannot be recognised, the judgement pronouncing the order has to be seen, perused to form an pinion about it.
If you are aggrieved by the judgement you can very well prefer an appeal against the judgement.  
Where is the attachment, not to be found in the question. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
There are no attachments with this query. However no advocate will make an affidavit which could be valid in the court of law stating that an unregistered qazi cannot grant fasak or khula. this fact is a known fact and a lawyer can give an opinion stating the same supporting the legal proposition which can be submitted in the court of law. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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