triple talaq valid legally in my case ??
anil Kumar
(Querist) 06 July 2014
This query is : Resolved
Iam mohammed ameer by born muslim.
My both parents died in 2008.iam and my sister were only children.in 2009 i done my sister marriage.
And coming to my self im a physio therapist..In 2011 i married a Christian girl who reverted to Islam.as ours is not arranged marriage its love marriage.and the marriage is nikha.
After marriage i came to know that she accepted Islam for the sake of marriage only she used to blame me and religion, and she used to harass me and cheat me in every aspect including in her education and other things too.
i have seen hell in my marital life with her as she tortured me like any thing, for example she used to lie even for all things and if i start writing about her here it will not be enough this space,
We had lot of quraells after marriage.she is very arrogant and lazy and very harsh.
We had lot of counsellings around 8-10 and one in police station also,and other at local lawyer too, But she didnt change.she got a govt contract job and by that she used to tell me that she can lead her life independently with out my support.we had a child of one year.she used to threaten me that she will leave house.for 3times she packed all her luggage and all her belongings but every time i used to console her and also neighbours also used to counsel her not to leave the marital house.and some times she used to black mail me by suicidal attempts.
Finally in april 2014 she left my house and went to her parents house .she sent me messages like me that she will leave dubaiand one day she messaged that she took seperate house and living seperately from her parents,but these r all lies i came to know..I am not responding to her messages and phones and now its 3months she left house and she is in her mothers house.
And her patents also didnt call my elders for settlement.they remained silent.one day she came to my house and took all her belongings and child belongings to her house so now nothing remained in my house her things except kitchen items.
its very tough to lead life with her ..
its very tough to lead life with her ..
I approached local lawyer.we are planning to give triple talaq after ramjan.
now the question is can I send triple talaq by post?
And now in my case triple talaq is valid and will it dissolve the marriage in my case??.
She belongs to sc community but she accepted Islam prior to marriage ; so now can she file any cases like atrocity &498,
She is telling to one of my relative that she will not accept divorce and she is threatening us that she will show her power by cases.she is also telling that she will book case on my sister even, who is residing in chennai.
there are no chances of reconcillation.i tried to solve the issue amicably but her parents are very arrogant and threatening me that they will kill me and harm me.
so please advice me what step can I take in my life;waiting or sending talaq.
in muslim is there any act for giving maintainence for wife other than child ? in iddath period how much we have to pay fr her..??
please give your valuable suggestions dear experts as iam dead need of your help please...
Regards
Dr.ameer
ajay sethi
(Expert) 06 July 2014
if your wife had converted into islam prior to marriage and marriage was solemnised as per muslim law you can go in for triple talaq in presence of quazi and 2 witness es.
your wife is at liberty to take such legal proceedings as she deems fit . even if your wife files 498A it is easier now to obtain bail as per recent Sc decision .
anil Kumar
(Querist) 06 July 2014
thanku ajay sethi sir for ur reply. did quazi should be present or we can pronounce in lawyer presence?
ajay sethi
(Expert) 06 July 2014
in presence of quazi
R.K Nanda
(Expert) 06 July 2014
consult local lawyer.
Devajyoti Barman
(Expert) 06 July 2014
If presence of wife is not there then presence of Quazi is mandatory while pronouncing talaq as well as two witnesses.
Guest
(Expert) 06 July 2014
In my humble opinion, triple talaq (in one sitting) is legally invalid. Courts do not like to consider it.
Please use the 'best' mode of talaq, i.e., pronounce talaq to her over a period of three months. You should have no problem with this method. Talk to an 'alim' if you are confused.
anil Kumar
(Querist) 08 July 2014
Thanku jahangeer sir.as per quran triple talaq is biddath, but the experts lawyers are telling triple talaq is valid :why this difference in opinions.please give clear idea about legal validity of triple talaq
i took this this decision to dissolve the marriage immediately as i waited for her parents response since 4 months to settle the matter amicably but i dont find any response from her parents .
If she rejects the talaq nama when sent by post,wat i have to do ??
As she is not willilng to accept talaq.
So how to dissolve the marriage.
anil Kumar
(Querist) 14 July 2014
Dear ajay sethi sir im posting my quiery
As per the previous quiery by me experts suggested for triple talaq. Now the question is,If she refuses to take the triple talaq by post sent by me,what i have to do further ? How much amount should be given during iddath period and how it is calculated .?and how to send the iddath amount by DD ?or by cheque??
Sudhir Kumar, Advocate
(Expert) 29 March 2015
IN ANOTHER THREAD YOU SAID SHE WAS CHRISTIAN BEFORE CONVERSION THEN HOW SHE IS SC.
Sudhir Kumar, Advocate
(Expert) 29 March 2015
You are already well advised on multiple threads
http://www.lawyersclubindia.com/experts/-triple-talaq-valid-legally-in-my-case--482366.asp
http://www.lawyersclubindia.com/experts/if-she-refuses-to-take-talaq--483931.asp#.VRdLS46Iw3F
http://www.lawyersclubindia.com/experts/adoption-of-child-im-muslim-personal-law-516961.asp
http://www.lawyersclubindia.com/experts/how-to-get-my-child--515756.asp
