Talaaq
ATTAR NASEER HUSSAIN
(Querist) 04 February 2018
This query is : Resolved
Can I apply for talaaq, when my wife has filed a false 498a case against me and my parents????
Please advice me the best solution as I don't want to stay with her anymore...
Vijay Raj Mahajan
(Expert) 05 February 2018
Yes you can apply for talaq but not the triple talaq that is allowed immediately without waiting for legally prescribed by the Supreme Court of India 3 months waiting and giving notice every month for the same. The proper notices to be given before giving final call for divorce must be done otherwise the talaq will be held null and void.
Be prepared to pay her alimony and monetary compensation apart from the Maher amount that may have been agreed between both of you to get rid of criminal cases filled against you by your wife.
Sudhir Kumar, Advocate
(Expert) 05 February 2018
mere filing of 498a (unless proved false) is not a cruelty and not a ground for divorce.
Dr J C Vashista
(Expert) 07 February 2018
I agree with expert Mr. Vijay Raj Malhotra as well as Mr. Sudhir Kumar, why do you prefer to file a suit for a decree of divorce which is consuming your time, efforts, money and earning unnecessary tension, while there is a provision for triple talaq available as Muslim Personal Laws.
If your wife has filed complaint of cruelty for demanding dowry, how does it involve a case for triple talaq or suit for divorce, if you have a genuine problem and this is not an academic exercise?
