Special marriage act, nikaah and divorce.
4WhatIsRight
(Querist) 28 September 2012
This query is : Resolved
one of my muslim friend married a hindu girl in 1997, under special marriage act.
in 1999 after a heated argument my friend divorced his wife by saying TALAQ thrice and destroyed the marriage certificate.
after some counselling by friends and well wishers both agreed to reunite.
they again married under special marriage act got a new marriage certificate, followed by nikaah.
now in 2012 after lot of rethinking both have decided to go for divorce / dissolution of marriage/nikaah.
now will saying talaq thrice will amount to divorce or what procedure they need to go thru to get divorce.
Adv.R.P.Chugh
(Expert) 29 September 2012
If the marriage was a civil marriage solemnised under the Special Marriage Act, the husband can no longer dissolve the marriage by a triple talaq. So the first talaq was invalid.
Second marriage inconsequential.
Triple talaq is not applicable even today. They'd have to go for mutual consent divorce under the Special Marriage Act, which would take 6 months.
prabhakar singh
(Expert) 29 September 2012
you raised it by your pm to me.have replied you in detail.
2nd registration is bogus.
1st still survives and divorce shall be with that respect only.Copy can be obtained if original is lostor destroyed .
THANKACHAN V P
(Expert) 29 September 2012
Only option available to file joint op to dissolve the original marriage by obtaining the certified copy of the same.no other short cut method.
Raj Kumar Makkad
(Expert) 30 September 2012
You have also been very well advised at www.lawexpertsindia.com so refer to that reply.
4WhatIsRight
(Querist) 30 September 2012
Raj Sir,
i sincerely acknowledge receipt of your valued advice at lawexpertsindia.com
MohammedRaffiq Bijapur
(Expert) 02 October 2012
If nikha was only performed then it would have been different scenario. the marriage is established by registration under special marriage act. So that fact cannot be brushed out by pronouncing triple talak. dissolution by judicial process is the only remedy.
