How can a muslim wife stop irrevocable divorce
Hajra banu
(Querist) 28 July 2015
This query is : Resolved
Dear Sir, I stay 75 kms away from bangalore my place is situated near Andhra-Karnataka border.. My husband has deserted me and my 3.5 year old son and stays in blore along with his sister..I have filed complaints of harassment n negligence against my husband and sisters in law before the masjid committee of my place..but my husband disrespected the calls n summons of masjid members and he didn't co-operated with the masjid ppl or elders from my town for amicable settlement....so i hv filed a case of Domestic violence along with 5 Interim Applications....under sec 20d, 19,1(a), 19,1(c),19,1(d) and 19 (2) the case is still pending for consideration....The court has passed 2 IA*s in my favor. Allowing interim maintenance, n restraining my husband from disposing or alienating the shared household......My husband had filed false criminal appeal before higher court n got a stay order against the maintenance amount.......later on i filed the objection the higher court hear both side arguments and passed an order VACATING THE STAY.....498 a is also filed, FIR is filed against my husband when he physically assaulted my father n me inside the court compound.... but he is absconding, i hv filed a case for restitution of conjugal rights before the higher court....i hv also filed criminal appeal for residence orders n the hearing is on 6/8/15.....hopefully judgement vl b given on my favor as i hv produced all thr proofs n necessary documents against my husband n in laws...so now My husband has sent a talaqnama n declaration of irrevocable divorce.....on the basis false n baseless allegations.He has he has pronounced talak in front of a mufti whose identity is vague..he is not a working mufti or cleric in any masjid of bangalore...not even a single letter head of any masjid is provided but the talaqnama is written in a plain paper with signature of the above mentioned mufti with unclear seal of a madrasa n charitable trust located in Bihar along with two unknown witnesses....the letter head of advocate who has sent tha notice on behalf of my husband seems fake, only advocates name is mentioned, his education, seal, registration number, office contact no, email id is missing..... no arbitration or reconciliation meeting is held till now between us.....not even a single person has come to me from his side.... Is this divorce valid because cases are still pending for consideration.my husband is simply misusing the personal law....what should i do in order to stop this......kindly guide me...
SAINATH DEVALLA
(Expert) 29 July 2015
You can contest the letter which purports to be a letter. It can be challenged on the ground that the procedure laid down in muslim law as to the presence of valid witnesses has not been complied with.Engage a good woman family lawyer and fight the divorce.
Rajendra K Goyal
(Expert) 29 July 2015
Consult local layer and discuss in detail after showing the related documents.
Hajra banu
(Querist) 29 July 2015
Thnk you so much for your reply...Mr.DEVALLA & Mr.GOYAL
Advocate Ravinder
(Expert) 29 July 2015
Yes, you can definitely challenge the letter given by mufti before the court. He has a privilege of taking divorce by giving talak as per Mohommedan Law. But he has to prove before the court that the letter is genuine and the mufti and two witnesses should come to the court to give evidence. Then only he can take divorce.
In case he gets divorce, you are entitled to maintenance for only 3 idat periods as per your Mohd. law.
Hajra banu
(Querist) 29 July 2015
Sir, as i hv told before v r searching for dat mufti thru frends n family n Muslim organizations..but i think he doesnt exists at all...my hometown masjid has clearly rejected the talak mama sent by my husband after discussing with the committee members...as it is against the quranic n talak process...it is also unaunthetic n fake.
Khaleel Ahmed Mohammed
(Expert) 30 July 2015
Dear Tasneem,
It is very sad to hear from you about irrevocable talaq has been pronounced by your husband. According to Muslim Law the talaq is valid, and the Nikkah web lock between you and he has been ceased. If he pronounced one irrevocable talaq, you can reunion with him through fresh NIkah, If he pronounced three talaqs , the reunion may be possible only after you marry another man and he divorce you, that technically called Halala. for more visit www.mkatruelaw.com
Hajra banu
(Querist) 30 July 2015
@KHALEEL Sir,
number is no whr mentioned in the talaqnama.
Hajra banu
(Querist) 30 July 2015
I need suggestion for reuninon
Khaleel Ahmed Mohammed
(Expert) 30 July 2015
Dear Tasneem,
It is already suggested that, if your husband pronounced single irrevocable Talaq, then you can reunion with him through fresh NIkah.If he pronounced irrevocable Talaq three times, then you need to perform Halala, ie., marrying with another muslim man and if he divorce then you can remarry with your ex husband.You need to observe Iddath now and next when your new husband pronounce Talaq. for more please visit www.mkatruelaw.com for paid legal guidance through e-mail or paid legal phone consultation.
Dr J C Vashista
(Expert) 01 August 2015
I have similar opinion, until there is triple talaq it is revocable.
SAINATH DEVALLA
(Expert) 01 August 2015
I sail with the suggestion of Mr.Khaleel Ahmed
Hajra banu
(Querist) 01 August 2015
Thnk u all..so much...appreciate ur response 😊
