Divorce - talaaq e bayen
mohammad asif khan
(Querist) 18 October 2012
This query is : Resolved
DEAR EXPERTS,
I HAVE BEEN GIVEN IN MARRIAGE TO SUNNI-MUSLIM GIRL ON 09-12-2009, DUE TO SOME UNAVOIDABLE REASONS ON 01-10-2012, I HAVE PROUNOUNED TALAQ E BAYEN TO HER IN PRESENSENCE OF TWO WITNESS BY MAKING AFFIDAVIT SAME IS ATTESED BY A HINDU ADVOCATE( NOTARIZED ), I HAVE BEEN LIVING SEPARATELY WITH MY WIFE FROM LAST 29-12-2009 IN DUBAI, U.A.E.
Q. ON 17-10-2012 ( AFTER DIVORCE ) MY EX-WIFE IS CALLING ME ON MY DUBAI MOB. NUMBER BUT I DIDN'T RECEIVE HER CALL. SAME DAY SHE SENT ME A SMS " PLS EK BAAR BAAT KARO NA. TUM SMJHE TO HOGAYA MERE KO CHODNA. MAI TUMHARE KO NAHI CHODTI. MAI BUS TUMHARA INTEZAR KRTI RAHUNGI UMAR BHAR TAK. TUM KAB MERE KO MAAF KATE. MERE GALTYUN KI TINI BADI SAZA MAT DO. PLS EK BAAR BAAT KARKE GALAT FAHMI KO DOOR KALE. PLS "
KINDLY SUGGEST ME WHAT IT MEANS..... AFTER DIVORCE HOW CAN SHE RE-UNITE WITH ME... PLEASE GIVE ME REPLY IN ACCORDANCE WITH SHARIAH LAW AND AS WELL AS INDIAN LAW.
Adv.R.P.Chugh
(Expert) 18 October 2012
If talaq is pronounced thrice with an intention to sever the union, in presence of two witnesses, then the marriage tie becomes immediately severed, and the iddat of a woman begins. Re-marriage in such a case is possible only after the woman gets married to somebody else consummates the marriage and then marries this man again after expiry of iddat. Without this intervening marriage you can't marry your ex-wife again.
However on the validity of talaq there is conflicting opinion. In the recent case of Aiyshakutti v. KunhiMd - Ker HC relying upon the decision in Shamim Ara (2002) has held that talaq ul biddat/bain being an arbitrary form of divorce - to be valid :-
i) has to be done after efforts at reconcilliation have failed;
ii) and for valid reason.
Arun Kumar Bhagat
(Expert) 13 November 2012
Hindi Movie Nikaah is the guide in this matter.
V R SHROFF
(Expert) 13 November 2012
Do u intend to keep her??
