Legal Question in Family Law in India
I am a doctor, I recently accepted the proposal from a girl, who is separated from her husband and going through difficult life since last 6-7 years. She was forced to marry a man at the age of 15 by her parents. Later when she came to know that her ex was already married once and also had 2 children, of which nothing was told to this girl or her relatives, she decided to leave him. She was pregnant when she left him. Came back to her hometown and never went back.
She later applied for divorce in the MAHILA MANDAL and QADI (Maulana).
6 years ago when she and her ex appeared in front of to Mahila Mandal and Qadi in reply to her divorce application, her ex-husband was asked to give her compensation, he dis-appeared and left the town without giving her any compensation. He never showed up again. (As he was scared of getting beaten by the relatives of this girl, and of loosing his money) he never came back.
She too never bothered later about getting divorce papers. But it's only since last 1 year (since she met me) she realized the importance of Divorce Papers. Since then she has been visiting Qadi regularly for her divorce papers.
Presently : She has been visiting Qadi(Maulana) for her divorce, but every time she goes to see him he gives a future date and telling her to revisit again. Qadi (Maulana) has been postponing the matter every time whenever she goes to ask for the papers.
Recently, she is telling me that we can go ahead and marry as every one of her relatives and even the Qadi himself also told her she can marry now as she has waited for more than 7 years staying away from her ex. on this basis she is telling me that we are eligible for marriage. But I am worried of legal consequences.
Kindly advice - Will it be legal if I marry her? If Not, How can I solve this problem? What is causing the Qadi (or Maulana) to delay/ postpone her divorce? Is it ok to rely just on Qadi and his papers ? or should She apply in the court of law ? How long can it take in the court of law for her divorce ?
Thank you in advance.
3 Answers from Attorneys
first you need to ascertain whether divorce given in front of maulana is legal? secondly, the period of 7 years separation also needs to be understood as per personal laws? if none of the above is legally enforceable, she may have to file a petition for divorce in the courts of law.
Adv. Rajiv
You may read carefully the provisions of Muslim Personal Law on divorce by women. In my opinion, the lady should write a registered letter to her husband and his parents, at all possible addresses known to her, expressing her decision to divorce him on legally sustainable grounds. You may also refer to my book - "The burning issues on Family Law" [2014]
simply, you can be file divorce case on the base 7 years separation .otherwise ,you can be approach to head of qadi(maulana) related matter.
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