Attn: Indian lawyer. Problems near divorce edict after re-marriage?
We are Indian Muslims. I got married in India. My wife is a divorcee. Her ex husband have sent her divorce papers citing his reasons for divorce through a lawyer and his signature and couple of witnesses. He have written Talaq three times before signing the papers. My wife responded through a lawyer denying some of the accusation but accepting the divorce and signed by her and witnesses. This is all she has pertaining to her previous conjugal.
I found after our marriage that her divorce was done outside the court and nearby was no court decree passed.
Apparently it is a valid divorce according to Indian Muslim Personal ruling. I live abroad and to be able to sponsor her to bond me, the applications require judgement and divorce decree of her previous marriage.
1. Is it possible to return with a post-fact divorce decree from a court using the papers she has get (mutual acceptance) ?
2. Will this in anyway void or nullify the current conjugal. We had our marriage registered as powerfully.
3. Will this require any interaction with her ex-husband or his lawyer?
Another certainty is her previous marriage was not registered through govt papers but be issued by a valid kazi.
Please advise this is causing us abundantly of stress and grief. I do not hold this against her as she is not aware of these much. I'm guessing her lawyers had not guided them properly or they messed up to take up advise. I live out of the country and I cant do much from here. Her relatives are trying to help us out but I want to be aware of what is right or wrong. I'm willing to retribution for a well informed advise if this requirement to be further followed up. Thanks for all the good work self done and helping people in distress.
Answers:
I dont own any professional knowledge of this.
I dont know if it is relevent info or not..but just regard..
people get married and bring back marriage cerificates from religious authorities or boards. Then they go to court after a month or so for court marriage/ register wedding ceremony.The registerar of marriages issues a marriage warrant..right?? and on it there is written all the minutiae the date of marriage, place of marriage etc etc
next it will be the same for divorce decree also..yes she will hold to be in court with his Ex to get hold of decree from court coz the concerned authorities will also need to see that the mutual concent papers are inventive..they will need to show papers of mutual concent and file divorce on that font.
I think you current marriage cant be cancelled coz her divorce papers be not from court..as u said acco to muslim laws her divorce is legal.
This is what i assume i I don`t know wrong. please confiirm from other sources too.
Good luck
consult a lawyer personally
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I found after our marriage that her divorce was done outside the court and nearby was no court decree passed.
Apparently it is a valid divorce according to Indian Muslim Personal ruling. I live abroad and to be able to sponsor her to bond me, the applications require judgement and divorce decree of her previous marriage.
1. Is it possible to return with a post-fact divorce decree from a court using the papers she has get (mutual acceptance) ?
2. Will this in anyway void or nullify the current conjugal. We had our marriage registered as powerfully.
3. Will this require any interaction with her ex-husband or his lawyer?
Another certainty is her previous marriage was not registered through govt papers but be issued by a valid kazi.
Please advise this is causing us abundantly of stress and grief. I do not hold this against her as she is not aware of these much. I'm guessing her lawyers had not guided them properly or they messed up to take up advise. I live out of the country and I cant do much from here. Her relatives are trying to help us out but I want to be aware of what is right or wrong. I'm willing to retribution for a well informed advise if this requirement to be further followed up. Thanks for all the good work self done and helping people in distress.
Answers:
I dont own any professional knowledge of this.
I dont know if it is relevent info or not..but just regard..
people get married and bring back marriage cerificates from religious authorities or boards. Then they go to court after a month or so for court marriage/ register wedding ceremony.The registerar of marriages issues a marriage warrant..right?? and on it there is written all the minutiae the date of marriage, place of marriage etc etc
next it will be the same for divorce decree also..yes she will hold to be in court with his Ex to get hold of decree from court coz the concerned authorities will also need to see that the mutual concent papers are inventive..they will need to show papers of mutual concent and file divorce on that font.
I think you current marriage cant be cancelled coz her divorce papers be not from court..as u said acco to muslim laws her divorce is legal.
This is what i assume i I don`t know wrong. please confiirm from other sources too.
Good luck
consult a lawyer personally
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