Talaq e baain
Ashraf iqbal
(Querist) 08 November 2014
This query is : Resolved
I ask this question for a friend of mine. He had married a women who was married twice before. She had a son 10 years old from her 2nd marriage. He adopted the child verbally ( no written adoption done) when i say adoption it does mean in literal sense. He said he would take care of the child as his own. But after couple of months his relation with his wife became very troubled. She has thrown his items out couple of times from her rented house when they had fights. in short it reached a stage where he understood that it was impossible to carry on in that relationship even though he did whatever he could.He reached a stage where he had to go and see a phycatrist because he could sleep well. Now at this he was suggested by friends that the best course would be to separate if the relation cannot be mended. He went to kazi who suggested that talaq can be performed but he has to be sure of his decision. he was sure and did not need any more time to think because he was very sure that the relation was damaged beyond repair. He performed talaq in presence of kazi and two witness and it was send to the lady with the meher amount and three months expenses (DD). it was sent by post and proof exists. The lady has received it and is not accepting it,though the kazi says it is final (talaq e bain) as it is said three times in the talaq. She is now challenging it in court. Is it a valid talaq. Because after the talaq he was feeling much mental peace but this new thing has come up. She is also asking for monthly expenses for her son, though she is at the same time fighting a case with the biologic father of the child and trying to extract money from that side also. Kindly help in this regard. Can some one give references of supreme court where talaq e bain has been up held.Kazi holds his ground calling it a valid talaq
Advocate Kappil Cchandna
(Expert) 09 November 2014
Dear,
I think its a valid talaq, for judgements I will provide in a short period and so far as maintenance is concerned she can claim even after talaq in croc and Muslim personal law for some time.
Adv kapil chandna, 9899011450
Sudhir Kumar, Advocate
(Expert) 09 November 2014
Mehar has been paid and no maintenance needed now.
Son is now yours and no maintenance is farz on you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 November 2014
Law favors the destitute woman.
Even in Muslim law most of KAZIS are not well conversant with what is said by PROPHET in HOLY QUORAN .
There may be many technicalities but on its basis any MUSLIM DIVORCE can be disputed.
And till courts decide the legality of DIVORCE your spouse is eligible for maintenance.
Her advocates seems to be well informed and has taken proper course of action.
We got a settlement of about 40 lacs out which about 20 lacs already paid and balance 20 lacs after withdrawal of all cases ; last month at Family court Bandra for spouse in similar case of a muslim couple.
Rajendra K Goyal
(Expert) 09 November 2014
If case has been filed, fight the case on merits.
Judgements not provided in this section.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
The talaaq pronounced before a Qazi and the same has been communicated to the spouse is valid as per Muslim personal law and it cannot be challenged by her on any ground, including under the provisions of Dissolution of Muslim Marriage act. However, as far as maintenance, she can very well claim for herself but not for the child which is not your biological child. Also, since she has already filed and prosecuting maintenance case against her previous husband on behalf of her child, her application for the same against you is also not maintainable. Take the help of a expertise lawyer and challenge all her cases fittingly
