Divorce: Islamic or Indian Laws Applies?

Imitiaz says: March 16, 2015 at 9:15 pm

I am not clear about getting divorce and which law will followed (Islamic or Indian law) for a Muslim. And how difficult is to get divorce? I did nikkah by not expecting anything like gold and got married as per Islam by giving Maher to bride. My father in law is asking me what your expecting from thought phone calls and recording it.He know about that I will expect anything others but still he is doing this nonsense. Is there way they can produce false information about me to make it criminal case?

Mine was arranged marriage and nikkah occurred four months before. After marriage there is no smooth relationship between us because even for simple issue she makes it big by spreading to others. I insist her always to solve problems of our own and she never listens to me. This has created bad relationship between my side and the girl side. Worst words were spoken from the girl side and she is not ready come and live with me. We are thinking to do divorce and I have few queries to answered.
1. Can I get divorce as per Islamic law through talaq and not following Indian law?
2. Also after nikkah we did register our marriage in sub register. Is that from girl side they can go through court to get divorce by Indian law instaed of following Islamic law to delay divorce?
3. As of I now divorce will not be given within one year as per Indian law. Is there possibility to get divorce earlier by following Islamic law?

Thanks and waiting for the reply -Imitiaz


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3 Comments

  • Mohammed
    March 19, 2015 11:59 pm

    Bro follow what islamic sharia says on divorce that is better for you. .

    For what matter u want to divorce her.
    as admin has asked correctly
    clear this statement
    “My father in law is asking me what your expecting from thought phone calls and recording it”?

    you want to give detail that why do you want talaaq. .and from which situation it has started and what is yur situation then only we can move on further

  • March 19, 2015 8:46 pm

    Imitiaz,

    If it was Nikaah, simple talaak would have been legal separation according to Islamic laws in India. Further, only the first marriage counts in India. For this reason, your case would have been easier. However, you have also registered your marriage as per secular laws. That means you also have to fulfill requirements of that registration (and 1 yr waiting period). your father-in-law can always use that as a ground for filing legal papers. Talk to a legal expert for details.

    Can you clarify what do you mean by “My father in law is asking me what your expecting from thought phone calls and recording it”? He cannot record anything without your permission. Even he records something illegally, that cannot be used as evidence in any court. Still, you have to be smart not to talk non-essential matters if you are worrying about legal issues.

    Most important point is why you wish divorce? These legal matters are not worth wasting money on. Can you go talk to a marriage counselor and find ways to make your marriage work?

    • March 20, 2015 7:23 am

      Imitiaz,
      Every situation is different but let us share you one research from Rutgers University in America. They found that there were many couple at their 2-5 years of married life wanted divorce badly. Somehow they did not and now they are happily married for 30+ years. We highly recommend to take help from some professional to help you two out.

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