• Implications of registered muslim marriage abroad after talak

Background:
indian muslim married to foreigner muslim abroad and get the marriage registered, Indian lives on his own Employment pass for 7 months, decides to relocate to india with consent of wife to relocate also, comes to india... but the wife decides not come to india and after a month seeks divorce. 

The case is filed in court, hearing is made ... at this stage both decide for mutual divorce without any monitory exchange or property sharing. The court send summon to India for joint appearance for the proceeding.

Question:
1. I am unable to afford a visit or hire a legal council abroad but i send a letter to court explaining my situation and consent to the talak. Then what is the possible result of the proceeding?

2. I am not a domicile of that land and Islamic talak is communicated amicably. then waht are the implications.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
In Shariat, there is no role of the court in granting divorce. The divorce can be effected in front of 2 witnesses and can be communicated to the wife or if mutual then a deed of mutual consent can be prepared and both can sign and get separated.

However, in your case, I am not clear under which provision has your wife approached the court; nor do I know what is she claiming from the court abroad. Is it for maintenance of for divorce ? If for divorce you can prepare a deed of divorce mentioning the reason as stated above and send it to the concerned court via a registered post.

Also, please note that even wife has an option to seek divorce; known as Khula, albeit the divorce is provided by the husband.

Please let me know should there be any further doubts or you may contact me on my cell.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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