Muslim Divorce -- HELP please
Mohammed Mohammed
(Querist) 28 December 2009
This query is : Resolved
Dear Sirs/Madams,
I am currently residing in Dubai and wife is in Kerala.
We both are muslims and got married in Kerala (Peringadi, Kannur District), under normal/common/no-special agreement conditions/law.
Going for a divorce, I need your help regarding several things as follows:
1. Please inform the complete step by step divorce procedure, included terms and conditions, that I have to do/prepare.
2. I found a news saying that 3 times talaaq does not automatically divorce the wife anymore. Is this true?
3. If the above point is not true, do I have to present a reason for the talaaq? What kind of reasons are acceptable by law?
4. Will I be able to conduct the divorce process without being in Kerala?
5. How will the amount of "compensation after divorce" be decided? based on what issues?
Below some facts that might help to describe my issue better:
- We have one kid.
- Last time together was last year, during my annual vacation from Dubai
- We have never really lived together, it has been always long distance, and we cannot communicate well, we fight, we don't communicate in any way for months, she demands perks and money I can't afford, she is simply a huge burden. And I never loved her.
- Wife is not willing for a joint petition for divorce.
Your response would be highly appreciated. Thank you.
Regards,
SM
Guest
(Expert) 28 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE DIVORCE KINDLY NOTE THAT.
1.YOU HAVE ONE SON ALSO.
2.YOU MAY KINDLY SEND DETAILS ABOUT DATE OF MARRIAGE,PLACE OF MARRIAGE AND PLACES YOU LAST RESIDED WITH WIFE.
3.YOU ARE WORKING ABROAD AND YOU WANT TO DIVORCE YOUR WIFE.
4.YOU MAY KINDLY SEND MORE DETAILS SO THAT IT WILL BE EASY TO ADVISE YOU.KINDLY NOTE THAT YOU CAN GET THE DIVORCE BUT THERE IS A PROVISION FOR MAINTAINENCE OF WIFE AND CHILDREN.HENCE WE HAVE TO FIND OUT ANY CASES FILED BY WIFE.
YOU NEED TO SEND MORE DETAILS AND WILL SEND YOU DETAILED REPLY.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Khaleel Ahmed Mohammed
(Expert) 28 December 2009
Mr.Sajid Meh,
As per your stated facts, I think you need not divorce your wife.
If you wanted to divorce your wife, there may be no reason, but you can pronounce Talaq.
If you really wanted to leave her, you can pronounce one Talaq Bain ie., irrevocable Talaq. This kind of talaq may be advantage for you in future. Later if you both mutually agreed to live new life together, you people can enter into fresh Nikah without performing Halala over her. If you pronounce Thrice , then if you people in future wanted to join each other, without performin Hala over her , you people cannot join to gether as per Shariat law.
It is better for you think a lot before taking any step.
Mohammed Mohammed
(Querist) 28 December 2009
Mr. Nandkumar, I will send some more details to your inbox, thanks a lot for replying.
Mr. Khaleel & Mr. Raj Kumar,
I have been married for 8 years, and it never worked from the start. I have tried everything I can to fix it, but nothing supported me, not even my own wife.
8 years of trying is enough for me, with no result at all, nothing gets better. Really, everything remains the same, wife can't cooperate no matter how hard I tried.
Trust me, I'm not a kind of rushy person, I have carefully thought about this and decided to move on with my life, I need to have a life.
Please let me know what is the procedure to pronounce this talaaq. What should I do in details?
And the compensation, who is going to decide how much I should give her and for how long?
Please, I really need your help...
Thanks,
SM
Khaleel Ahmed Mohammed
(Expert) 03 January 2010
Mr. Sajid,
I have completely informed you the procedure.Really you wanted to pronounce her talaq. Pronounce her a single irrevocable talaq in presence of two wittinesses, the same communicate her. You can pronounce the same through telephone also, sms , telegramme or any other mode of communication. The same should be communicated to her.
Ok
