Brief story: A Muslim Wife left her in-law house. Files an application u/s 498A Crpc. against husband and other in-laws. Husband and in-laws were released from the criminal case as nothing could be proved against them. Husband send Talaknama along with Iddat and meher to the wife through Kazi in the form of demand draft. After receiving the same wife returned the demand draft through her advocate with the plea that the Talaknama was not in accordance with the Muslim Law. Wife files petition u/s 125 Crpc for maintenence of wife and son.
Question : 1. Can a wife file application u/s 125 Crpc. against husband after refusing the Talaknama?
2. What is the procedure of sending Talaknama in accordance with the Muslim Law in India?
Regards,
Siddhartha
