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Recent questions and answers in Personal Law

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

on what grounds she can demand for seperation?

During the time of marriage certain facts were concealed. The husband suffered from the problem of Alzheimer, this fact was not known to the wife. After the marriage the woman came to know that his condition was very bad and it was deteriorating day by day. Can she demand separation from the husband? If yes, under what grounds can she do so?

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Can she take divorce on grounds of irretrievable breakdown of marriage?

A year ago my father married my sister to the son of his best friend. The guy belongs to a well to do Muslim family whom we all know since decades. He had his studies from UK and is working as a banker at present. My sister practices Islam with all his heart. She wears a hijab when she's going out. But, after her marriage, her husband stops her from doing so as he thinks it is orthodox to follow. This often leads to heated arguments. My sister is not happy with her marriage. Can she take divorce?

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Can she opt for a divorce on ground of cruelty?

A Muslim family lives in my neighborhood. Being a neighbor, we have good relations and often visit each other's home. Recently, my wife was going to their home. Suddenly, she heard some noises from inside. Later, when she interrogated my neighbor's wife confesses that her husband tortures her physically. She feels trapped and wants to escape from this cruelty. Can she opt for a divorce?

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Can she file suit against him asking for divorce in the court of law on the ground if imprisonment?

I have a friend, who belongs to a Muslim family. Recently, her father was caught up by police for trafficking of illegal drugs. He has been sentenced to imprisonment. Due to his conduct, his wife (my friend's mother) does not want to live with him and wants a divorce. Can she file suit against him asking for divorce in the court of law?

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

What is the procedure for divorce?

After my grandfather's death, all responsibility of the family was on my father's shoulder. He brought up his younger sister and married her with a family friend. After, a year of marriage, some misunderstanding developed between the couple and my aunt was sent to our home by her husband. It's been two years and the things have not settled yet. She lives with us and her husband does not take her as his responsibility. My aunt wants to file a divorce, can she do so?

If a Husband has not been heard for five years then can wife get the divorce?

A friend of mine was married to her cousin brother when she was 18. After a year of marriage, an unexpected incident happened. Her husband went missing. All means were tried to trace him by his family but to no gain. It's been five years and there is still no whereabouts of him. All of his family members have lost hope too. She is still in an early stage of life. Can she get a divorce on these grounds and remarry?

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Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Can she opt for divorce as per the said situation?

My housemaid, who is a Muslim, told me one day that her husband asks her to wear a sari & watch cinema with him in theaters. She refused to this act as it is against her religious beliefs. Her husband tortures her mentally & physically. She does not feel safe with him. Can she opt for divorce as per the said situation?

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Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Without fighting legal battle, how can i get the custody of divorce?

I am a 50 year old Muslim man, a few years ago I married a 28 year old Muslim woman and we have a 3 year old daughter. One day I got back home and found that my wife had taken my daughter and left. I have since then met with her multiple times and tried to get her to come back home but she refuses. At this point I just want my daughter back and I do not want to fall into a legal battle with my wife.

Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

Whether I can file for divorce, what are my rights as a second wife?

I am a 25 year old woman, I was a Hindu but I converted and married a Muslim man when I was 21. I am his second wife, soon after the wedding we started having problems but I stuck it out as I found out I was pregnant, I thought things would get better after the baby, but they haven't. I want to leave my husband and want a divorce. I am concerned about asking for divorce as I do not want to lose custody of my son. Being the second wife what kind of rights do I have, I am independent and have a well paying job but would still need some support to raise a child on my own. What are my prospects?

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How to get divorce?

I'm a 30 year old Muslim woman married to a Muslim man, working at an advertising agency. One day my husband came home and falsely accused me of having relations with a colleague at work and cheating on him, I assured him I wasn’t but from that day on he has been mentally torturing me about the same. One day he came home drunk and started accusing me again and beat me, that was the last straw. I want a divorce, how do I go about getting one?

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what are the grounds under which I can be granted a divorce?

I'm a 25 year old Muslim girl working freelance in the events industry. While working at an awards ceremony I met Ali, who was a guitarist for one of the performing artists. We soon started dating and a few months later got married. Six months into the wedding I found out that he already had a wife and 2 kids who lived with his parents. When I confronted him he said that he only married her to please his parents and anyhow it didn't matter as he was allowed to have multiple wives. I now wish to get a divorce, what are the grounds under which I can be granted a divorce?

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Anonymous

answered Oct 15 in Personal Law by Arpita Tripathi (5,320 points)

What is the legal recourse available to me?

After my second marriage with Rehana, my first wife Zarine left the matrimonial home. Thereupon, I tried my best to bring Zarine back but she refused to do that. Ultimately I filed a petition against Zarine for Restitution of conjugal rights. Zarine contested it, alleging that my second marriage amounted to insult and cruelty to her. I, on the other hand, maintained that under Muslim Personal law, I have a right to have four wives at a time. Decide.

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