[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 127: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4759: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4761: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4762: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4763: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
498a Discussion Forum - View topic - Can muslim apply for divorce in Court?
It is currently Thu Jun 24, 2021 12:11 pm



Reply to topic  [ 12 posts ] 
Can muslim apply for divorce in Court? 
Author Message

Joined: Mon Jul 26, 2010 4:52 pm
Posts: 43
Hi All,
I am a Muslim and my elder brother married with Muslim girl in from Bihar. According to Muslim personal law board a man(Talaq) orWeman(Kholah) can give divorce any time without going to court and it is valid. In Muslim also not burden for maintenance of girl after divorce.

My question is instead of this Can I use court for divorce on the basis of 498A(which is used against us)?

If yes, then My brother will be liable for any maintenance of girl.

Can I fill divorce case from Kolkata?

Purpose only to harass her and her family.

Thanks in Advance
Waiting for your reply


Thu Sep 02, 2010 5:54 am
Profile

Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
I am a Muslim and my elder brother married with Muslim girl in from Bihar. According to Muslim personal law board a man(Talaq) orWeman(Kholah) can give divorce any time without going to court and it is valid. In Muslim also not burden for maintenance of girl after divorce.
But know court can give maintence for divorced lady

My question is instead of this Can I use court for divorce on the basis of 498A(which is used against us)?
Yes

If yes, then My brother will be liable for any maintenance of girl.
Yes , mostly depend on Court , But if u can prove that she is eligilble/well educated and capable of earning .

Can I fill divorce case from Kolkata?.
Place where u live lastly with her or place where she lives currently or where marriage has taken place .

Purpose only to harass her and her family .

Stupid thinking . Anways she can easily transfer the case where she is living currently or her hometown when she likes then you need to run for it .

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Thu Sep 02, 2010 7:58 am
Profile

Joined: Mon Jul 26, 2010 4:52 pm
Posts: 43
Hi Rajeejjain thanks for reply.

Muslim women is entitled for maintenance after divorce check this link

http://www.expressindia.com/latest-news ... HC/374715/

We are only liable to pay [dain mohar] which we agreed to give my wife at time to Nikkah.

About my last question.... How she can transfer easily at her hometown because they are not working nor busy in any thing. At least two ore three time they has to come kolkata... these only give us more pleasure.


Its not a big issue were the case will be transfer. My only intention to files as maximum as cases on them.

She is illiterate and have a kid. I want to file case for Child Custody also from Kolkata...

Thanks again for reply


Thu Sep 02, 2010 8:58 am
Profile

Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
Bro,

I am here to help those whose how are victim or can be made victim in future by false cases .
But i am not aware of what is your case or conditions is . Now as your wife is illerate & not living with you then court will only look for benefit of women as laws are baised .

So in case if she will say that she need to transfer case to her native place as this is very diff. for her to come here then court will ignore your plea and work according to her . Else will ask you to pay for her .

now regarding maintence i am not very sure as it depends on courts to courts giving different orders (your link is very old news )

_________________
Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Thu Sep 02, 2010 1:17 pm
Profile

Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
min bro - you are obligated to pay not only dyn mehr but also maintenance according to Muslim Protection of Women divorce act. There is a big stink about maintenance in Muslim Law. The courts in India treat it as public policy that all women irrespective of religion, caste or whatever are granted maintenance. Don't laugh your silly ass off as yet.

Make a deal - reasonable and fair provision if she has no means and you MUST pay for your kid even if you contest her claim. Dyn mehr is not final if only Rs 100 is written in nikahnama. The court will ask you to shell out if you are fault. Again you can contest on those fault grounds.


Sat Sep 04, 2010 9:41 am
Profile

Joined: Mon Jul 26, 2010 4:52 pm
Posts: 43
Thanks Dear for you reply.

As I know...
Maintenance issue always being controversial issue in Muslim. In Muslim Waqf board take care of maintenance after iddat(A certain time after divorce) if women are unable to maintain herself. During iddat husband is liable to pay according to Section 125 to 128.
For more information click on this link. http://mynation.net/maintenance.htm (Law is listed in great details after Hindu Maintenance law)

In West Bengal and Bihar.. I can give divorce personally in front of some valuable people even girls wants or not and it is recognized. No need to go court or police.

I don't fare for maintenance... I want to pay her .... there are questions if I will her.
1 - Who can I know that she not remarried. What will be security for my wealth?. She can re-married and I am being pad even after. If they will not inform.
2- If I will be unemployment during the case ... even this Am I liable to pay...
3- How much they can ask?

Thanks in advance


Sat Sep 04, 2010 11:56 am
Profile

Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
1 - Who can I know that she not remarried. What will be security for my wealth?. She can re-married and I am being pad even after. If they will not inform.
>> You will not know. According to Indian Law you are to be vigilant if she marries or not. The burden is on you to prove she is married to someone else. Indian courts do not strictly enforce women to come clean. They think its 'OK'. A woman lying is 'OK'. It is accepted standard. Perjury in most cases other than heinous is 'OK'. They can openly flout the rules. And I can say with conviction that the Magistrates or even HC or SC judges don't have the 'BALLS' to do anything about it. There are social repercussions to it. Judges have to take social standings and to consider mandate of people before embarking on the arduous task of reform. All HC and SC judges are appointed not on merit but by political will. They are primarily advocates not practicing in courts but running around political offices. Very few are competent. You get the gist ?

2- If I will be unemployment during the case ... even this Am I liable to pay...
>> Why ? How you can pay ? IF you were judge how you will enforce me to pay ? Thru coercive measures like threatening me to send me to jail. If I lose that fear then what he will do ? At most I can go for 1 month. WHat will that achieve ?

3- How much they can ask?
>> They can ask 1 crore or 100 crores/month. Can you pay ? Its all common sense. Go and argue without lawyer. These lawyers are the bane of society. If no lawyers are present then family law is actually simple. These pimps and whore advocates in family court are no good at law so they are doing this practice in family courts.


Sat Sep 04, 2010 12:22 pm
Profile

Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
A competent Judge as far as I know will NEVER entertain an advocate whether male or female. One more thing -- a good/competent advocate will never get into family matters. These are matters to be best decided among couples. The old judges did this for employment in Govt Service and pension - not to pass judgments. They let the cases go on so the burden of separation does not fall upon them.

The new breed are a class apart. They threaten and have no knowledge of sociology, law, psychology or family structure. They are themselves misfit pigs in society. This is why the anarchy. Moreover, their decisions can be appealed only in HC. So these bums(judges) in HC you think have any knowledge of family court ? Far from that, as I said they are political will candidates, even to this day the right candidates are not made judges.

The whole of India cannot produce good judges you infer ? Phew ! The system my friend and mandate of the people/dharnas/khap kind of rallies or blockades are your source to justice. Ohh Mr.Home Minister acts like a livelihood on wheels - another sob story when he has the capacity, intelligence, yet willingly does not choose to do so ! Pathetic ? There is a saying - God has left this country.

System means - you bribe that constable who come to arrest you on a weekend - then the SI - then charge-sheet money - then Public Prosecutor - then Magistrate - then HC judge. When you have passed all these stages the SC is offended by your attitude and they will demand. That is final payment. FYI:All are pimps but just known by different names.


Sat Sep 04, 2010 12:50 pm
Profile

Joined: Tue Dec 01, 2009 9:39 am
Posts: 26
Hi,
I am a muslim and I am a victim of 498A case since June 2009.Currently living in USA(came with HC permission & 5 Lakh deposited at trail court). Can I give talaq from USA and is it valid to get second marraige in USA? I don't want to go back to India to get divorce and my case is not coming for the trail soon. It is difficult for me alone to manage my two kids without spouse support.
Please suggest


Sat Sep 04, 2010 3:26 pm
Profile

Joined: Mon Jul 26, 2010 4:52 pm
Posts: 43
Hi 498a35
You can not remarried before divorce in USA. But you can take advantage of one rule if you full fill it.

If you and your spouse living separately from 5 consecutive years and dont have any contact...then you are illegible to remarries [[ Please check it ]]

In India Muslim can remarriage during without giving divorce to your 1st wife. It is better to get bail, return to India remarriage in front of your wife .... and return back to USA after giving attorney of case to another person, relative, NGO'S etc.

Same Idea We are going to use with my brother who is in KSA and booked under 498A....

We also invited his going to be ex-wife and her family member.


Sun Sep 05, 2010 8:48 am
Profile

Joined: Tue Dec 01, 2009 9:39 am
Posts: 26
Thank you fo your suggestion minhaj040182.

I fought 498a case more than six months in India and I was ready to face the trail but opposite party abscanded by submitting fake medical certificates. I came to USA with HC permission and deposited 5 lakhs at trail court.There is no NBW pending against me and I dont need to go to India for the case purpose right now. If I give talaq from USA as per muslim personnel Law through lawyer, is it not valid for second marraige in USA? Then can I apply for divorce in USA and how difficult getting divorce and child custody in USA.I have two kids 8 and 10 and they are with me. I heard that in USA also court lean toward women side for child custody! If that is the case it is not risk applying child custody and divorce in USA? I am separated more than 16 months now.

Please clarify if anyone aware of muslim marriage laws and USA court justice system


Sun Sep 05, 2010 9:58 am
Profile

Joined: Mon Jul 26, 2010 4:52 pm
Posts: 43


Mon Sep 06, 2010 11:00 am
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 12 posts ] 

Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.