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iftekhar Malik
(Querist) 12 April 2015
This query is : Resolved
dear sir,
my name is Aftab newly in the field of law, practising in kolkata court in west Bengal as a junior.
I need a help to all senior lawyer of this website, my question is
1) a Muslim husband given talaq to his wife by sending speed post letter to her address when she was pregnant approx two month without knowing this fact and the letter was also revived by wife? can its called as a valid talaq in a court?
In my opinion its not a valid talaq according to muslim law.
please suggest some necessary steps to me so that I fight in court to save the life of my client (wife).
email -id:- targetmalik@rediffmail.com
Devajyoti Barman
(Expert) 12 April 2015
You are silent as to the manner of giving talaq and its registration by a registered quazi and presence of necessary witnesses. Communication of talaqnama is one of the conditions of valid talaq. in nay case you can challenge its validity for which you have to file a new suit.
SAINATH DEVALLA
(Expert) 12 April 2015
A muslim can give talaq as per personal law . you need not go to court . For valid divorce there must be concrete reasons for divorce, settlement of mehr (money given by the husband before marriage), maintenance during iddat (the three months of abstinence after divorce) and return of the wife's belongings.
Talaq should be preceded by attempts of reconciliation and pronounced in presence of witnesses
Talaqnama should be sent to wife by registered post and must mention reasons for divorce .
It need not be on stamp paper
wife can challenge talaq if no reasons mentioned for divorce in such case have to lead evidence to show that talaq was given to her in presence of witnesses and her meher amount returned .
wife can seek maintenance from even after divorce .
wife can not only challenge the validity of triple talaq in the court, but also seek maintenance. She can also file a criminal case for dowry harassment.
She can file a complaint under section 12 of domestic violence act read with section 17 - 18 / 20 / 22 / 23 of DV act and claim maintenance from you and claim a right to resident in her matrimonial home. Claim compensation.
She can file a criminal case under section 498A / 406 of ipc against the family members for dowry demand and harassment before court or police.
She can file a maintenance case before family court under section 125 of crpc.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 April 2015
Being a Muslim you must be aware that even triple TALAQ has also many conditions depending upon SHIA OR SUNNI. So sending speed post talaq has no meaning and / or validity.
Rajendra K Goyal
(Expert) 12 April 2015
Talaque in the given conditions can be challenged.
ajay sethi
(Expert) 12 April 2015
for talaq to be valid it has to be preceded by efforts of reconciliation . it has to be pronounced in presence of witnesses . further reasons for divorce have to be mentioned . number of judgements on the issue
iftekhar Malik
(Querist) 13 April 2015
thanks to all my senior sir. i m highly oblidge and thankfull all of you
iftekhar Malik
(Querist) 13 April 2015
respected sir,
if a muslim wife is pregnant and her husband prounance talaq her then at that condition talaq is acceptable or not in a Sunnu mslim family.
T. Kalaiselvan, Advocate
(Expert) 15 April 2015
Talaaq is not based on the pregnancy, it is based on the decision made as per the prevailing disputes or any other material facts. This pregnancy has got nothing to do with it. Validity of talaaq is to be seen on the basis of the circumstances on which it was issued and communicated. The latest apex court judgements describe the old system of talaaq without any justification as illegal and invalid.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2015
Yes Mr iftekar. Triple talaq is not so simple as others think. Courts have gone through all the minor details as per Prophet teachings.
The imp steps are 1) Period = that is between woman s monthly cycle and also when she is pregnant.
2) There has also be steps for first pronouncement out of three for mediation and thereafter final steps.
Most imp provision as Holy scripture =
"O Prophet! when you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) Allah, your Lord. Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion. "
— Qur'an, Sura 65 (At-Talaq), ayat 1[9]
iftekhar Malik
(Querist) 16 April 2015
Respected Sir,
can yoy please a important ruling in the above matter if you have
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
You have to search for a ruling yourself. Citations are not supplied here.
M V Gupta
(Expert) 09 May 2015
Detailed information about Triple Talaq has been provided by the experts. The querist may refer to the standard books on Islamic law for further details and take necessary action to protect interests of his client,
