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- Ask Elhais
July 07, 2016|
Question: I am a non-Muslim Asian woman and I recently gave birth at a hospital. When I tried to get a birth certificate from the hospital, they asked me to go to court and get a court order so it can be issued. When I sought clarification, they said that the period between the date of marriage on my marriage certificate and the delivery date of my baby was less than 180 days. I explained to them that the marriage certificate was issued two months after the actual marriage ceremony but they are demanding that I get the court order, although I'm afraid to go to court. Is there any alternative to going through this process?
Answer: If what you are saying regarding your marriage is true, please note that you have nothing to worry about in going to court. You have the right to file a case requesting the court to pass an order allowing you to get the birth certificate, based on the above facts. It is quite likely that the court will ask you to produce witnesses (two men or two women and a man) to testify the exact date and place of your marriage. It is also advisable that you give the court copies of your application for the marriage certificate, along with any other document that can confirm the date of your marriage ceremony.
Question: I am a Muslim woman and have been married for two years. My husband and I have a child. Until now, he has not paid the agreed dowry and refuses to pay this money. Do I have a right to claim a divorce on this ground?
Answer: As per Article 116/2 of the Federal law no28 of 2005, the Personal Status Law, you do not have the right to claim divorce from your husband based on this situation. But you certainly have the right to claim dowry from your husband based on the same law, so you should look to start a case to claim it.
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