• Muslim Qazi certificate of divorce

I was given divorce on stamp paper by husband 3 years ago. I want to get a certificate from a qazi to renew my passport and remove husband s name from there. Can a qazi issue such certificate after 3 years? is it valid? will certificate need husbands signature as well or just the stamp paper on which he has signed pronouncing the divorce is fine
Asked 3 years ago in Family Law
Religion: Muslim

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9 Answers

A divorce given by Muslim husband to wife on stamp paper is not valid divorce. After criminalization of tTalq-ul-Biddat (triple Talaq)  under Muslim Women (Protection Of Rights On Marriage)  2019. Only Talaq-Ahsan is legal. It is given by husband and certified by Kazi. After that a talaqnamha is issued by Kazi or Waqf Board. He need to give you a proper talaq. The  talaq given by him is not valid. His name cannot be deleted from passport of the  basis of such talaq. You need to give him talaq under Muslim Women’s Divorce Act and after that approach the  RPO.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If your husband has divorced you terms of divorce given in writing and signed by parties should suffice 

 

2) quazi who gave the divorce can issue divorce certificate of date of divorce 

 

3) it cannot bear a date after 3 years 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Ask your ex husband for details of quasi who issued divorce certificate 

 

another quazi cannot issue fresh divorce certificate 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You need to seek divorce decree from court under sharia law. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A self declaration to declare the dissolution of your marriage in the form of an affidavit itself would be sufficient to remove your spouse name from your passport. 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

For the purpose of removing your husband's name from passport you may give an affidavit declaring the dissolution of your marriage which would suffice the requirement. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- As per the Chief Justice Dalveer Bhandari and Justice D Y Chandrachud of the Bombay High Court , A  Muslim lady who wishes to marry a second time can do so as the talaqnama, issued by the religious head, is a valid document and there is no need for a court decree.
- Further, said a talaqnama issued by a qazi was a valid document nullifying a marriage and in that case a court decree is not needed.
- Hence, you can produce the Qazi Talaqnama for issuing the fresh passport. 

- However, if that stamp paper and other attached documents not having signature and seal of the Qazi , then it is not a valid document . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

A valid divorce  certificate  is issued by Government Kazi on his letter head it will have—

  1. Name and address of kazi office.
  2. Serial number.
  3. Outword number.
  4. Date of divorce .
  5. Seal of government kazi.
  6. GO No. under which certificate  is issued.

Check for all above.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear Client,

Divorce given on a stamp paper is not legal. 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.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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