Divorce by indian family court under dissolution of Muslim marriage act

16 Feb 2022 Ref-No#: 4352

I got married in 2012 and got separated in a month due to physical and mental abuse by my husband. I filed a dowry case in 2013 and divorce case in 2019 in family court (civil) in India. After separation i moved to the US and i live in the US now. Since the divorce case process was taking long, i called my husband in 2020. He showed interest to accept me and take care of me. On mutual decision, i visited him to Dubai in early 2021 to give another chance to our marriage and lived with him for a month. He was good and bad (he slapped me, hit me on head (with his fist)). After i returned back to the US, he was good for a week and later it became worst, he pressurized me to either apply his visa or move to dubai. Looking at his inconsistent behavior, i did not go as i was confused and unsure if i can be safe with him. meanwhile, the court has ex-prate the divorce case (since my husband did not respond to the court notices). He is adamant on not giving me the divorce to keep me stuck in this marriage. I dont want to leave him either and i told him many times to change his behavior but he refuses all the time or make false promises.

My question is does Indian courts have an authority to terminate the nikah as per shariath law?

Answer

Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh

Though we are aware that there exist certain judicial bodies in India who are able to tend to this matter, we personally do not know of any specific organization that we may direct you to.

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