1) kindly reproduce the order passed by family court
2) under Section 7 of the Family Courts Act, 1984, the Family Court is competent to give declaration as to the validity of a marriage or as to the matrimonial status of any person.
For declaration of marriage suit in muslim
Dear sir, I have given divorce to my ex-wife in written letter and same had sent to her father also with valid reason. After receiving divorce letter she have filed complaint in CAW cell in Delhi and then FIR have been registered by acknowledging that she have received divorce letter. After six month with the help of family and friend we have reached in settlement and settlement deed have signed by both and submitted in High court for quashing of FIR. She has also accepted divorce in settlement deed. We both need divorce formally means legally, so in statement deed which we both have filed in high court mentioned that after quashing FIR we both appear in family court for declaration of marriage suit. In high court judgment the court have mentioned that since Husband (name) have given divorce and wife have accepted that and both are living separately last two year than the marriage is permanently dissolved. Precautionally both of them want to take declaration of marriage than file the marriage suit with one week in the court. Accordingly I have filed the marriage suit for declaration of divorce, but in family court judge told this is not his jurisdiction. He referred the All India personal law board. I need this marriage declaration; because in my paasport my exwife name is mentioned, I want to delete that. In passport office they ask to submit court order or talaqt certificate given my Imariat shariya. Can I apply this matter to All india muslim personal board for divorce certificate. Please help me what should I do.
Asked 8 years ago in Family Law
Religion: Muslim
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9 Answers
Suit for declaration is filed civil court and not in family court.
All Indian Personal Law Board has no jurisdiction on it.
So file a suit for declaration in civil court and get a decree of consent.
Either file before civil court for declaration or file a joint petition before all india muslim personal law board to get divorce certificate.
Sir what is process for filing joint petition in all india muslim personal law board in delhi,??how much it will take time?
Asked 8 years ago
1) we cannot say how long joint petition will take for being disposed
2) since you are based in Delhi you can contact Mr Nadeem Qureshi advocate in this regard .
Draft a joint application and filed before AIPLB, within 15 days they can issue divorce certificate.
Contact personally or over the phone to get best advise,
If you have divorced her in accordance with sharia i.e triple talaq reduced to writing and sent to your wife through a registered qazi then the dissolution is final unless it is declared as illegal by the competent court. Submit the talaq certificate to passport authority for deletion of your ex spouse's name.
family court has jurisdiction to make such declaration, if application is filed under section 2 & 3 of The Muslim Personal Law (Shariat) Application Act, 1937
You should understand the facts and underlying law on the subject.
The letter mentioning that you have given her talaq itself is an ample evidence for divorce between you two.
The acceptance by her in the settlement deed in the quash petition also confirms the divorce between you two.
Since there is no provision for Muslim men to approach civil court of law seeking dissolution of his marriage by a decree of divorce, he has to approach the Mosque or the spiritual head or clergy seeking to issue a talaqnama or divorce certificate as per Muslim Personal law.
A copy of talaqnama issued by the religious head shall solve the purpose of deleting the spouse name from the passport.
Sir what is process for filing joint petition in all india muslim personal law board in delhi,??how much it will take time?
There is no necessity for filing a joint petition before ny board, you can approach the mosque where you preach every day, produce before him the proof of talaq and request him to issue a talaknama or divorce certificate as per muslim personal law or sharia law.