Marriage Annulment
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Do you need to bigamous marriage annulment? PONTIAC, Mich., Jan. 22 (UPI) – A Michigan judge must decide how to deal with the marriage of a businessman who allegedly married a woman without telling her he already had a wife and children.
The "wali" or guardian in Islam is a Muslim individual responsible for the welfare of the bride before her marriage. His duty is to ensure that the groom is reliable and confidence to marry the bride and carry out its obligations as a husband.
The Hanafi school of jurisprudence assigns the "region" (guardianship) the following people: the son of the bride if she was married before, his son, grandson and descendants. If the bride was married before, the sequence of the guardianship will: father, grandfather paternal and higher on the paternal inheritance, the brother of his parents, the brother of her father's brother's son of his parents, his descendants paternal uncle of parents father's father's uncle, his cousin of his parents, his father's cousin, the cousin's son, his offspring paternal uncle of the father of her parents, the son of the uncle's father his father, his paternal descent, etc.
People have mentioned "region" (guardianship) by his girlfriend when she is underage. Not only children could marry her guardian, other legal incapacity, including insanity, could also marry the guards. The guardianship ends at the legal age of majority, except for children with mental problems, male or female.
In the event that none of the parental "wali" mentioned above is available for guardianship, the Hanafi school allows any family member to be the guardian, provided he or she is entitled to inheritance under Islamic law. In this situation, the "wilaya" can go to the mother, daughter, grandson, daughter's daughter's daughter's daughter, etc.
If no family member available, the "Sultan" (the sovereign decision), the "kadi (religious judge), or whatever the" kadi "desired, we can assigned to have custody.
The types of the region "(guardianship)
In Islam, there are two types of "region", (guardianship), one is called "mujbar wali" (or supervision mandate) and the other is "wali ghayr mujbar" or not mandated by the keeper. In the Hanafi jurisprudence, the guardianship is the only acceptable first. Thus the task of guardian mandate is to protect the welfare of their minor children, to choose a suitable husband for marriage and to negotiate the "dowry" to the agreement. (See our analysis of the dowry "in target = "_blank" rel = "nofollow"> http://gabrielsawma.blogspot.com/2009/07/mahr-provision-in-islamic-marriage.html. is in the context of custody to our understanding the stress exerted on the special responsibilities of the "wali" of juveniles in the process of organizing it, or even before the child reaches his marriage puberty.
A "wali" is responsible for promoting the welfare of his son and protects the interests of the child, including the provision of early marriage. This function extends to the mentally ill, because, like the rest of society, they also benefit from being in the married state.
The "responsibility wali is to seek the "business kafa'a (suitability) of the assumptions are true be the spouse, in terms of race, legal status, social class, and moral standards. A highly educated girl should be married to a person at your level or better. A girl from a wealthy family to marry a man who is as rich as her family is.
Under the government of the Hanafi school, parent and grandparent can give the younger age of marriage, this agreement is considered legal. If the member chosen by the father or grandfather came be "faseq" (unjust, lack of morality) or "ghayr Kafu" (unqualified), the marriage is still considered legal, the minor may not request separation when he or she reaches puberty. However, if the father or grandfather goes into a marriage contract on behalf of a minor second, the rule is that the second marriage can be dissolved when applications of less importance than the age of puberty.
If the 'mujbar wali (guardian mandate) is someone other than the father or grandfather, which gives the minor to marry someone who is known to be "faseq" (unjust, lack of morality) or "ghayr Kafu (fit), then the child may apply "faskh" (separation) upon reaching puberty, in this case, the "kadi (religious judge) ordered separation.
The tutor's role in the marriage contract
According to the Hanafi school, the presence of a guardian in marriage of children is essential and mandatory. Their absence from the negotiations leading to marriage makes the marriage is void. This rule applies if the spouse is a minor, however, the absence of the guardian does not annul the marriage if the spouse is not minor, provided that he or she is to marry a person who is considered "Kafu" (right). If that person is found to be "Kafu ghayr" (unqualified), the tutor can intervene and requests the annulment of the marriage.
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What constitutes the right to annul the marriage?
I am a single mother of my husband and I have been separated for 4 years. He lived with his girlfriend in another city and now took the job here in Houston and now lives with him here. I was recently fired from my job and have been dealing with chronic disease in recent years. Thus, in the interum my daughter and I have lived in shelters and with my parents, she is from a previous relationship. He led me to believe that is the presentation a divorce without competition, so it will go with anything new. I'm fine with that, but every month I said that just cannot afford the fees of lawyers 250.00 but ends with a truck new and other things for her and the fees for a DUI case hes fighting. I am afraid as still married to him that could be responsible for some of its debts and its problems and also IRS has engaged in much less the arrangements it has put in me to welcome the family helper. What should I do. annulment how?
First Instead, you should file for divorce, not a cancellation. An annulment is only granted for some cases with the stipulations as if fraud to marry her husband, or you were minors when they married, or if one of you is mentally incompetent or if you and your husband were under the influence of drugs when they married. But I am sure that none of these apply. It amazes me that you have been separated for so long and did not request a divorce??? My advice is that you go to see a lawyer and request divorce so that you can at least receive some support children. BS I do not think her husband is delivering. You need to take charge of your own life and make some action.
