Talaq (muslim divorce) procedure

Guest (Querist) 08 January 2012 This query is : Resolved
Hi,
I'am Sunni Muslim, Belong to Hanafi School of Taught. My Marriage was solemnized as per Muslim Rites in Masjid (Mosque) Last year in April.
After 1 month of Marriage my Wife left home with her Father registering FIR in PS. Reconciliation was attempted for 6 months in our Community, Since marriage was done in Community. But No Result Came in Reconciliation. I and My elders are Mutually decided to Divorce her. We don't have any child and she was not pregnant. Can you Guide me How Can I Divorce her. I live in Mumbai and I have Nikahnama & Marriage Certificate which was issued by Qazi. What is the Acceptable Procedure to Talaq her.

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Devajyoti Barman (Expert) 08 January 2012
You have to visit a local Mosque where in presence of the registered Quazi and two witnesses you have to rponounce Triple Talaq.
Thereafter the Quazi would issue Talaqnama in your name.
Once you get the same you have send it by registered post with the amount of Den Mehar fixed at the time Nikah.

Sudhir Kumar, Advocate (Expert) 09 January 2012
Mke sure that moment you pronounce triple talaq she does not file a cae of 498a and DV act. A few days a similar case of muslim divorce ame on this site.

Devajyoti Barman (Expert) 09 January 2012
No body can ensure that after talaq no such case would be filed.

It is possibility which can hardly be avoided if the wife is hellbent upon it.

Nadeem Qureshi (Expert) 09 January 2012
Dear Zameer
According to Muslim Law, Specially in hanafi school of Thought Talaq-ul-sunnat & talaq-ul-Biddat
Talaq-ul-sunnat:- it is a talq, which is effected in accordence with the traditions of Prophet.
Talaq-ul-biddat:- It is sinful form of Divorce, it is a recognised form of divorce among the Hanafis.
Any Sunni Muslim of sound mind who has attained majority may divorce his wife whenever he likes by Pronouncing Talaq even without assiging any cause.(Medak v. hajju Bibi,1970 1 Andh WR 138)
Triple repetation is not a neccessary condition for irrevocability of effect.(Saleha Bi v.Sheikh gulla, AIR 1973 MP.207)
Talaq in writing(Talaqnama):- a Talaq may be in writing and no perticular form is neccessary. under the Sunni Law, where the husband properly executes a deed mentioning the lady whom he has divorced and the name of the writer, it constitutes a valid divorce without any regard to intention with which it has been executed. The wife's presence is not necessary it may be signed in the presence of Qazi or the wife's father or any other person.(In Re, Raja Saheb,44 Bom.44.) Talaq without witness is valid under Sunni Law.
feel free to call

M V Gupta (Expert) 09 January 2012
I appreciate the detailed reply of Mr. Nadeem.

prabhakar singh (Expert) 09 January 2012
I too appreciate the detailed reply of Mr. Nadeem.

V R SHROFF (Expert) 09 January 2012
Nadeem knows his Personal Laws, and mastered it. Hope he reply all Muslim Law Query on the spot. Zameer is replied well, & have anything left to ask??

Rajeev Kumar (Expert) 09 January 2012
I too appericiate the detail reply of Nadeem

Shonee Kapoor (Expert) 09 January 2012
Though I agree with Mr. Nadeem, make sure that the talaaqnama is properly served.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com