Community › Forums › Legal Advice India › Muslim divorce
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User_9343f76c.
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UUser_9343f76c
PARTICIPANT
February 28, 2025 at 8:20 amI am a 50 year old woman , have been divorced in 2015, and have a affidavit only as a divorce paper. I am currently living abroad and in process of getting a foreign passport. To apply got an OCI(overseas citizen of India) card I will require to submit a divorce decree as well, which is stated in the required documents. Being a muslim is the affidavit sufficient? And is there anyway to get a court decree based on the affidavit I have. Because my ex will certainly not do the needful of coming and signing or doing anything that would be required. As he resides abroad as well. -
SSilentseeker4914
PARTICIPANT
February 28, 2025 at 8:33 amyoou can get the divorce decree from the concerned court. -
JJayaguy496
PARTICIPANT
February 28, 2025 at 8:35 amHi, advocate hereThe affidavit won’t suffice as a court decree is definitely required. For a court decree, you need to file a suit for declaration in Family Court annexing the said Affidavit alongwith the Petition. The notice will be issued to your Husband and if he chooses not to come and reply, an ex-parte (one-sided) decree shall be passed in your favour. That will work anywhere you need to prove your marital status.
Depending on where you are, this whole process may take months and you’d need a good lawyer to make sure any time is not wasted. Thanks
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UUser_9343f76c
OP
February 28, 2025 at 10:59 amIs there any way to speed up the process?
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SSonalninja770
PARTICIPANT
February 28, 2025 at 12:06 pmYou should seek legal expert advice. Book free consultation from DigiLawyer.-
UUser_9343f76c
OP
February 28, 2025 at 12:07 pmThank you -
UUser_9343f76c
OP
February 28, 2025 at 5:29 pmDigilawyer was very helpful. Hopefully due to muslim law it should be fine.
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