Jurisdiction of women cell to try the case after first talaq under muslim law.
Guest
(Querist) 13 May 2014
This query is : Resolved
On 28-01-14 over a little quarrel my wife left my house. On 29-01-14 a compromise was effected in the police Station. I filed a case in Amarat-E-Sharia Punjab for reconciliation. On 5-05-14 Amarat –E-Sharia Punjab tried to reconcile. But no reconcilation was got effected. Due to cruel behavior of my wife I gave him First talaq on 6-05-2014 sent by registered post. Which was still lying in the post office because she in connivance with postal authorities not receiving the talaqnama of first talaq knowingly.
After sending my First talaq on 6-05-14.non delivered, She has filed a complaint of dower & domestic violence & leveled other charges against me and my family. Women cell Patiala called me on 13-05-2014. I submitted all the documents including copy of talaqnama and other documents to Incharge women cell in her presence who deny but say that she has not received any talaq so far. I again submitted the copy of talaqnama to incharge women cell.Incharge women cell who ordered me and my family to record their statements against the complaint filed by my Ex-Wife. I requested copies of complaint filed by my Ex-Wife so that I may prepare my case. Please guide me
1. women cell has not supplied me copy of complaint, whether its refusal justified
2. Whether women cell has jurisdiction to try this case after talaq
3. Whether my wife can file 498/dowry case/domestic violence/ case against me and my family members after first talaq.
4. Whether this First talaq is valid
Also supply me detail of judgement on this topic
ROHIT SHARMA
(Expert) 13 May 2014
Dear Mr. Javed Afzal,
1. You see, talaqnama has to be delivered not through registered post but in person and that too in presence of a witness and that such witness can be either from your side or such talaqnama can be served upon her in presence of her father/mother. This is as per the Muslim personal Law.
2. Yes, she being a citizen of India, can avail of the other legal procedures to file a case against you u/s 498-A/Dowry/Domestic Violence.
3, Since you have shown the talaqnama before the Women Cell, and if the copy of it has been delivered to her in presence of Women Cell officer then the process of giving talaq as per the Muslim Law is concluded.
4. The process initiated by you On 5-05-14 before the Amarat –E-Sharia Punjab, this relevant fact can negate the jurisdiction of the Women Cell initiative for mediation and reconciliation.
5. You see, the Women Cell can interfere in the matter of her complaint despite the fact that you have proclaimed that the talaqnama has been served upon her.
6. This is a complex issue and needs to be discussed more effectively and that can be done only if you opt for having a private phone consultation with this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Guest
(Querist) 13 May 2014
I requested to supply me copy of complaint filed by my exwife. But incharge women cell refused to supply us copy of complaint. Pls guide
Devajyoti Barman
(Expert) 14 May 2014
1. Apply for its copy under RTI Act.
2. The 498A case is still maintianbale as she appears to feign ignorance of talaq out of its non-communication to her.
3. If you could prove that talaq was validly done and proper;y communicated to her, then both the cases do not lie.
4.It is valid but prone to dispute because of its non-communiation
Rajendra K Goyal
(Expert) 14 May 2014
Repeated query, for any further clarification ask through the same thread.
http://www.lawyersclubindia.com/experts/Guidence-about-legal-value-of-first-talaq-470536.asp#.U3MAHSj9GRQ
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
I go with the stand taken by the experts on the issue of query being repeated.
Guest
(Querist) 14 May 2014
Dear Expert,
Pls guide me following
1. The Incharge women Cell Patiala told me that she cannot supply copy of complaint filed by my
Ex- Wife till the finalization of case. How can we give statement without knowing the the contents of the complaint
2. On 13-05-2014 I was called in women cell for conselling in women cell. I submitted copies of talaqnama to the Incharge counseling cell in the presence of my former wife and she refused to receive the copy of ta;laqnama already sent by registered post not delievered so far with the frank refusal. Whether the purpose of communication has been served while I was requesting the counseling head to hand over the spare copy to her in order to serve the purpose of communication.
3. If my ex-wife refuse to receive the talaqnama sent under registred post. Then what is other alternative to communicate talaq.
Raj Kumar Makkad
(Expert) 14 May 2014
The copy of the complaint cannot be provided to the accused person by the woman cell during the pendancy of the proceeding, however, the service of talaknama is complete when you had sent it through registered post and the same was refused to receive. Further communication is complete when your ex-wife refused to take its copy before woman cell.
Guest
(Querist) 15 May 2014
Sir,
My wife filed an application against me in the women counseling cell after refusing to receive talaqnama sent under registerd post to her.I have challenged that the complaint is not maintainable in women sell on the ground that as per nakahnama my ex wife's father name is only Mohd Bashir Ahmad without any dual name(i. alias)and thus have no concern with me as she has made addition of alias .The parties are to be governed under muslim law and I have given talaq on 5.5.14 under muslim law.after recocialations of more than 3moths in Amarat shaia Punjab Malerktla as per muslim law and the process continued uptil 5.5.14 & closed on 5.5.2014 because the parties have not come to the decision.We requested to suplly copy of her application against me to submit statements in reply to that . She has refused to supply copy. Wjhat should be donenow.kindly guide.
ROHIT SHARMA
(Expert) 15 May 2014
1. I think you will need in depth consultation rather opting for such posting of Question and Answers format. This takes time and you are still left in dark and confused.
Adv. Rohit Sharma.
B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Raj Kumar Makkad
(Expert) 15 May 2014
You need to get recorded your statement without caring for the contents of her application. Whatever you have mentioned above, should part of your statement.
Guest
(Querist) 18 May 2014
My question is that in nikahnama my wife father name is Mohammad Bashir & in her all document her father name is Rajinder Kumar
a complaint filed by her in women cell she added sabia D/o Mohammad Bashir@Rajinder Kumar by adding alia name in order to save herself from 420 case.Now I want to challange the same so that the case of women cell me be closed on this ground.Please guide me
Sudhir Kumar, Advocate
(Expert) 18 May 2014
facts are speared on several threads. If any expert feels obliged he should collect facts and then advise him.
Devajyoti Barman
(Expert) 18 May 2014
Even if you can show this anomaly, on its basis the case before CAW would not be closed in your favour in this ground alone.
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
As learned advocate Mr.Rohit Sharma rightly observed, the author should take a personal advise of a local lawyer and should proceed as per his advise based on the facts of the circumstance/situation. Any advise given on this portal will go into the deaf ears of the author because he has posted this as well as related queries many times in this portal as well as in the forum section, and he was advised properly by many accordingly, so any more advises to him will be a mere waste of time.
ROHIT SHARMA
(Expert) 19 May 2014
1. I reiterate that the forwarding of talaknama by post is invalid. This process of delivering the copy of such said document of serving written talqnama should have been done in person by you upon her and that too in presence of a witness and most preferably the parents of such lady.
2. Repeat the process as suggested and you will then be able to contest the matter filed by her before the Women Cell.
3. The issue of her mentioning her father's Muslim name followed with an alias name of Hindu is of no material consequence.
Guest
(Querist) 20 May 2014
Asslamo Alaikum
I beg to submit as under:-
1. That in my Nikahnama father name of the girl is Mohammads s/O Rehmatullah
2. That now she has filed complaint in women cell Shabnam D/o Mohammad Bashir@ Rajinder Kumar.
3. I have given first talak on 5-May 201
Will you please guide me following
1 Whether I can get this complaint closed on the basis of adding alias Rajinder Kumar
JAVED AFZAL
9872540084
