Divorce notice by Muslim husband to wife

 

draft of divorce notice by muslim husband to wife

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Muslim Women (Protection of Rights on Divorce) Act, 1986: This act was passed by the Indian Parliament to protect the rights of Muslim women who have been divorced. The act provides for the payment of maintenance to the divorced woman, the return of her dower, the custody of her minor children, the right to reside in her matrimonial home and other reliefs. This act was challenged in the Supreme Court in the case of Daniel Latifi v. Union of India (2001). The court upheld the Act and held that it was not in violation of any fundamental right.

Divorce Deed: A divorce deed is a document that is used to dissolve a marriage under Islamic law. It needs to be signed by both parties in the presence of two witnesses.

Nikahnama: A Nikahnama is a marriage contract between a bride and groom. It includes details such as the amount of Mahr (dower) that the groom agrees to pay the bride and any other conditions that the bride and groom may agree to. It is a legal document in Islamic Law and is required to be signed by both parties in the presence of two witnesses.

Divorce: Muslim law recognizes the right of a husband or wife to divorce each other. Divorce can be initiated through the courts or through an agreement between both parties.

खुला म्हणजे घटस्फोट आहे का?

इस्लाममध्ये खुला (अरबी: خلع) हा घटस्फोट घेण्याचा स्त्रीचा अधिकार आहे आणि त्याचा अर्थ तिच्या पतीपासून वेगळे होणे असा होतो. घटस्फोटानंतर, पती मुलांचे शिक्षण आणि देखभाल करण्याची जबाबदारी घेतो.

https://www.gaglawyers.com/muslim-lawyer-in-nehru-place

https://gsbagga.com/blog/how-a-muslim-couple-can-get-divorce-in-india/

https://www.kaanoon.com/235453/muslim-divorce-by-court

Draft notice:

https://www.mycompanywala.com/marriage-divorce-legal-notice.php

 

 

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Reason for divorce :

1.    Lack of mutual understanding:

a.    If we could not picked up calls of his relatives or Friends or could not respond timely, she will start arguments and start quarrel.

b.    She does not respect in laws and disrespect them openly.

c.     When Z could not give a response to her friends coming home, she start quarrelling and say that it is disrespect of her friends.

2.    Left home with our Son of 2 years old on date ……

3.    We had a meeting on date  ..   …. ,      with her parents and relatives for amicable solution and try to convince that if should fail to return, we will file divorce petition, then she replied that she is also in favour of applying for divorce petition.

4.    Draft for mutual agreement of divorce.

5.     Maintenance money is being paid by the husband monthly.

 

 

 

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FORMAT

 

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[To be written in Advocates Letter Head]

Name of advocate

Chamber/Office Address

Contact No:

Email Id:

To,

Name

Adress

Dated:

Ref: Notice For Dissolution of Marriage

Madam ,

Under instruction from and on behalf of my client Mr. _________ Son of Mr.__________, of _________________, I would like to address you as follows,:-

 

1. That you were married with my client on ……….day of …………… in accordance with Muslim rites and customs in the presence of friends, relatives Vakil and Witnesses of both the parties and meher of Rs. ___  declared by the Kazi during the marriage has also been paid off, in presence of Vakil and Witnesses.

2.    That after marriage you, my client with his family, lived together as husband and wife and cohabited with each other your matrimonial home at Krishna Keval nagar, Highland windes, Kondhwa Road, Pune.   

3.   The couple has one Son,  born on _____ ___ and we named him as _____ the petitioner has been residing at Petitioner’s Address since the time of his birth.

4.  That, after marriage my Client performed all his duties and obligations towards you as a husband and his old parents always treated you with respect and affection and always given you the status of their own daughter but unfortunately you were not happy with my Client as your habits of grumbling for minor domestic issues had no limits. You used to demand for attending the calls from your family and friends which were disturbing during office working hours  and upon his failure to meet your demand you used to neglect my Client and his parents with filthy languages and also used to insult him and his parents in different ways and sometimes you threaten my Client with dire consequences which caused my Client and his old parents terrible mental pain and agony. 

5.  That although my Client work under a very small designation and earn a nominal amount of Salary, thereafter also he tried his level best to fulfil all the wishes of yours and always tried the best possible means to make you happy. But unfortunately all my Client’s efforts went in vain.

6.  That, my Client tried to contact your parents and family members, on date ________  ____ so that they could interact with you and there could be peaceful atmosphere in my client’s house.

7.    That in spite of all sorts of torture and harassments, my Client had to continue his conjugal life with you with a future expectation that with my Client’s love and care you might change your nature and behaviour but the same never came true. 

 

8.    That on _______ you went to your father’s house with my Client’s Son, without consent at _______ . you promises my client  to return within 15 days, but you did not abide by your word and has not returned till date.

9.    That on _______ ,my client’s Father requested your parents to come with you, and your Father and Mother, visited my client’s house on _______ for discussion and settlement.  My client’s father requested to you to forget the past and settle down in my client’s house with my client’s Son. Your shown no heed to the request and on one pretext or the other, you declined to come back to my client’s house.

10.That lastly my client went to your father’s house at _______ on _______ and asked the you to return with him, but you refused to come.

11. That my client was of the opinion that after the birth of Son, you will improve your acts and behaviour and would leave your bad habits but you did not do so and you and your mother always insulted, maltreated and misbehaved my client and his family. Your mother always taunted my client by calling, instead of making her daughter not to behave rudely and said if want her to stay with you and to live in the matrimonial house then my Client would have to bear all the atrocities and cruelties.

12.That my Client has paid you monthly a reasonable amount of Rs.___  , so that day to day expenses to meet with maintenance of  you and my client’s Son, since the month of you went to your father’s home.

13.That you deserted my client  or/and has withdrawn from his company without any reasonable or lawful excuse. I, therefore, call upon you through this legal notice to return back to my clients home and resume your conjugal life with my client  within a period of 15 days from the date of receipt of this instant legal notice, failing which my client shall at liberty to file appropriate proceedings against you in the court of law and in that event you shall be responsible for all costs, risks and responsibilities which may be noted.

 

 

Signature of Advocate

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