Talaq right procedure as indian law
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
Dear lawyers,
I am married since from last 1.8 years, by history of marriage is as below:
My wife is well educated post graduate, i works in IT company, since from the start of marriage i am facing lot of abuses from my wife relatives, in one or the other way, and when i try to bring it in front of everybody, the inlaws and wife relatives completely take a back turn, and says they did not said anything.
Now today, without informing anything to me, my wife left home, by just merely writing a single line that "she is going" on a piece of paper, i searched her everywhere for the whole night and finally logged a missing person complaint in the morning. Then the next afternoon i recieved a call from her that she reached to her father home and will not be coming back.
When we tried to start a conversion with my wife through relatives by the help from his father, his father is ignoring us, and doing nothing in front.
I dont know what they are planning, but now after 12 days of thinking, i wanted to divorce her, because this will keep going further in future.
Before marriage we had an mutual agreement between his father and my father about certain issues which was getting raised during the process of marriage, so to avoid any bad name to both the families by breaking the marriage, both of parents did the mutual agreement, marriage was due for 3 days at that time.
Agreement contains points such as - We did not asked nor receive any dowry from girl parents.
Girl doing job, will totally be on mutual understanding between husband and wife, but husband will hold power to give permission or not.
Without the permission or information to husband the girl will not visit her parents home. etc.
Please help/guide me the right procedure to get talaq.
As well as in case they put any fake cases on me such as 498a or 406 or anything, as i dont have any idea. please help me to understand my rights or anything that will help me to fight those cases.
Thanking you in advance.
M.Sheik Mohammed Ali
(Expert) 30 November 2011
best thing you can writtenly send the talag to the wife address and concern majid, with 2 witness signature. and stating that all the above reason for my talaq you mentioned. thats all.
Querist :
Anonymous
(Querist) 30 November 2011
Do i required to create DD for Meher with this written talaq, or it will be different procedure.
Also, what should i do, if they file false cases on me, because she left home, by just merely putting a single line of note. I filed a missing person report, she can come back and state some wrongly statement and can accuse me.
M.Sheik Mohammed Ali
(Expert) 30 November 2011
no need if they are legally put the case, at the time you will face legally, if you send the above said ideas you will get rights first, so you are in safer side,
Rajeev Kumar
(Expert) 30 November 2011
If you are Muslim then do as advised by Ali for talaq
Shonee Kapoor
(Expert) 01 December 2011
Hi Friend,
Talaaqnama needs to be served with the deferred Meher if any.
Unless the Talaaqnama is served on her, it is not a valid Talaaq, so if you think that she would not accept talaaqnama, think of alternatives, like calling a meeting of elders and deciding issues there.
You can give talaaq there as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 02 December 2011
Talaknama can also be mailed and it shall also be a good communication. It shall be better for you to return even Mehar so that talaq may attain finality. You can also obtain a faltwa from nearest Kazi.
prabhakar singh
(Expert) 04 December 2011
Divorce should be the last resort after all attempts of reconciliation fail. The Prophet (peace and blessings be upon him) said: “Let a believing man not dislike a believing woman. If something in her is displeasing to him, another trait may be pleasing.”
Shonee Kapoor
(Expert) 06 December 2011
I doubt, mere posting it would be OK, as advised by Mr. Makkad.
Some people are so well guided that they refuse to recieve any documents from opposite party w.o knowing first what is in it.
In Muslim Talaaq the service of talaaqnama, i.e. knowledge of the wife of being given talaaq is of great significance, as in Muslim Marriages the rights and customs of the respondent supersedes that of the plaintiff.
There are numerous cases, where the husband is trying to validate talaaq when the wife refuses she got any talaaqnama.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
