498A replied to talaq notice; and not accepted talaq

Hi Syed,

I am not understnadin what you are talking. How come you are expecting to take back 498A wife  and to stay with her for iddat period?

1. In this period, if she comes and stays for 2/3 days and if she go out and files a complaint stating that

 "my husband/brother-in-law made attemtp to rape me ?" or they made attempt to kill me". What we need to do ? We already suffering due to flase 498A and if she raises one more complaint then no judge will give even bail also to us

2. Moreove we lost our fame/good will/ money and eveything and my entire family spent 7 days of time in JAIL. How can we take back this lady?

After marriage she is with my brother only for 10 days. She is staying with her parents from the last 2 years. 

3. She projected our entire family as Criminals to the society. How can we take her back. My family spent 7 days in the jail with people who came over there for murder/rape/theft...etc

4. In the 498A FIR she admitted that  admitted that many reconcellations and panchaytes happened but they didnt cared and listen and thats why we approached PS for registering the case.

This clearly states that they agreed that reconcilation/arbitration went before 498A

Moreover after 498A also arbitaration/reconcelation went at the KAZI also but unfortunatiely it faied (as we  already decided that we dont want her, so we refused to take her back even she said i am ready to come back)

She stayed in our house for 10 days of time and my entire family running around the courts from the last one year. You belive or not, I am in bangalore doing my job when she was at my home for 10 days. She pulled me also into the case.

My brother is physically challenged, he is innocent than a 10 year old boy. We can not put his life in danger by asking to stay with her for iddat period. 

After 10 days of marriage she used to beat my physically challenged brother in front of my widow mother . Now after happening all these how can we ask him to stay with her.....

Hi Arup,

HC given interium stay order and they are keep on extending from the last one year.

Thanks,

Masthan

Dear Masthan,

you said earlier that kazi has send notice three times in three months but she didnt reply, even in reconciliation meeting she didnt join with your brother if yes

the notice which kazi has send to her is valid - and the three months IDDAT period is already over - you have return talaqnama that was witnessed by Kazi and 02 witnesses and send to her with Mehar/ IDDAT period mantenance and a gift to wife then its valid talaq - she is haram to you

now the documents which you have that you can submit to the court that will be accpeted

If you have not followed the above process, and given only triple talaq on one go then its not valid - even if judge accept - thats not the proper talaq as per Allahs command

Its not necessary that during IDDAT period she must stay in husbans home, she can stay in her mothers home as well - but if she is staying in husbands home while pronoucing the talaq then husband cant thorugh her our during IDDAT period - he must wait till iddat period complete - once talaq complete she becomes haram to him - then she must leave that place

or else if she raised the question infront the court about talaq and court says your talaq is not valid then its fine - at the same time you can give first talaq orally infornt of judge then same by the help of lawyer you can submit the document as you are 498 victim you cant take back your wife

Mastan bhai please bring the truth here what happend exactly still am in confusion whether you followed the proces or not

Hi Syed,

As I said earlier, KAZI sent three notices to them but they did not responded to them and after three notice kazi sent  a show cause notice (fourth notice) to opposite party saying that if you dont respond to this then I will give permission to them for second marriage (this is what KAZI told to us).

They responded to show cause notice (or the fourth notice ) and they appeared before KAZI. And infront KAZI she said that she is ready to join her husband but my husband denied for that. Finally KAZI given another date (MAY-2011) and asked both the parties to bring their elders.

In MAY-2011, she appeared before KAZI along with her parents and relatives and we also attended with my brother and parents and relatives. Again KAZI tried to convenice my brother to take back his wife and  she said she is ready to join with her husband, my brother denied to take back her as there is no safety to him and his family members and also she pulled all my family members to JAIL. And finally my brother pronounced that, " in front of elders I am giving divorce to my wife  XXXX, TALAQ, TALAQ, TALAQ". I After this KAZI said that, " I can't do any thing more on this, as the cases are pending in the court. You go to court and tell them that how can I take back my wife as she sent to jail and settle the issue there it self. I can't give DIVORCE certificate as cases are pending and she is not intersted ". 

I responded to KAZI and I clearly told him that , "there is no relation between those cases and the TALAQ. We will deal all those cases in the court it self, you please complete the divorce"

KAZI said tha, "I can't issue the divorce certificate as she is not ready and as cases are pending".

I told that " I  already spoke with my high court advocate on this, he also said that there is no relation between divorce and these cases".

KAZI, "no responde..."

I again told that , "You please complete the formalities as per ISLAMIC law"

KAZI said that, " as we are in domestic country , we have to obedy the court of law, if we are in islamic countries like dubai, pakistan then we could have issued divorce certifcate but we are in domestic country so I can't, you settle the issue in the court only".

After this we  approached advocate and he preapred TALAQNAMA and he asked us to take DD  for MEHER and IDDAT . And we did the same , And finally the TALAQNAMA is signed by her husband and two witness and we sent it through registered post.

She received our registered post and she replied to that notice stating that we are not accepting is and govt KAZI also not ready to issue divorce certificate,so the TALAQNAMA sent by you is not valid. (this is what my advocate told to me, I need to look into the notice to understand exactly what is there in side the notice..)

This is what happend till now.

@tajobs

Just trying to avert a possible overturn? You are just a copy-paste member cause I nowhere found you own understanding of law.

And FYI.. see my replies. I've no where cited any legal proposition not because I don't have it, but because it is not necessary to show it off. What is necessary is to answer properly to any question and CERTIANLY in a TAILOR-MADE way. If you can't reply in a tailor made way, then you are just trying to get famous.

//peace

/Saurabh.V

Dear Mastan

Please see whtat is there in the notice

Its dosent matter whether she has to accept or not as you have valid reason to talaq her as she put you and your family in trouble in 498

send the talaqnama thrice in three months then submit the documents in court its valid as in islam husband has right to talaq his wife - as i said above,

she must have join you before she put you on trouble but she didnt - now she want to come back - possible she might harm you and your family - you got valid reason

so dodnt worry whether she accepts or not - you send the talaqnama thrice - complete the process - submit the document in court

Kazi can be witness to talaq but he cant prepare documents forcefully and declerance of kazi on talaq is not required here

As your case in court hope thats why he asked you to complete the process through the court - so you can complete the process through court

Hello Syed,

In the first talaqnama it self, we clarly admitted that my brother pronounced "triple  TALAQ", in this scenario, what is the need to send TALQNAMA thrice?

If she could have not received TALAQNAMA, then we could have sent it again but in our case she received it.

Can we register this TALAQNAMA with court? and get divorce certifcate from the court?

HC given interium stay order and they are keep on extending from the last one year

---   that is very good.

let the case going on.

hope it go in favour of you.

when hc pass the stay order, it seems that they primarily realize the case is false one.

Hi Arup,

The quash is pending before AP HC. Actually she lodged a false complaint at my home town and in this complaint she did not admited neither my name nor my younger brother name but she included my mother sister name.

After 2 months of time she lodged another complaint at her home town, and in this complaint she included my name and my younger brother name and excluded my mother sister name. 

And few more grounds for quash are

1. She did not  mentioned date and time for any of the allegations

2. All the allegations are generic, no specific allegations against any of the accused.

3. She did not admitted what injuires happened to her (physical harassment)

4. she did not diclosed what ornaments they given for 5 tulas of dowry gold

5. She admitted that family counseling held for re-joining but husband refused to take back her (if mental harassment happened why she is still showing interst to join back)?

Hi All, 

Just now I received her notice and in the notice they denied all the allegations including that Govt approved KAZI sent three notices to them.

In the notice they are showing the following grounds to tell that it is invalid TALAQ.

"Your client has no reason to pronounce TALAQ, The alleged TALAQ referred in your notice is not a valid TALAQ and is not in accordance with  the QURANAIC Injunctions. 

The Talaq pronounced by your client is not a valid Talaq as it is not in accordance with the principles laid down by Hon'ble Supreme Court, Vide decision reported in "Shameem ara V/S State of UP & another 2007 (7) Supreme 39. As per the principles laid down by Supreme Court the TALAQ pronounced by the husband must be for a reasonable cause.

It must be preceede by an attempt of reconcilation by two arbiters one chosen by the wife from her family and other by husband. The Quaranic verses and injunctions quoted  by the Hon'ble Supreme Court requires reconciliation by two arbiters. In this case the principles laid down were not followed.

Your client has treated my client cruelly and subjected to her to both mental and physical cruelty and voluntrily deserted her. Hence my client filed criminal complaint against your client and others for the offence of cruelty and she has also filed MC case as she is neglected by your client. Your client has resorted to sending the notice that he pronounced Talaq.

It is evident from the  conduct of your client that the alleged Talaq is only as counterblast.

Your client with a vindictive intention has sent invalid Talaq. Hence my client is herewuth returning the DD#.... My client is not accepting te amount and hence returning to you.

However, it is held that maintainence for iddat period as per muslim law ot confined to giving  maintiance for iddat period. The husband is liable to make reasonable provison for maintainance of future of divorce wife. It is not confied to iddat period but extends to beyond the said period and it should be made by husband within iddat period, vid ALD Criminal 2001 (2) page 787 SC.

The talaqnama reduced into writing dated 12-05-2011 is not a valid talaqnam and it is not inaccordance with the Quaranic versus and injunctions. My client is not a divorcee. My client is legally wedded wife to your client. The alleged Talaq and Talaqnama doesnt severe relations as wife and husband of myclient and your client"

Hi All,

Can any one please reply , what we  need to do now? As she is teling that the TALAQNAMA is invalid. Can we approach the court of law to prove that it is valid TALAQ ?

Can we approach court of law to register this TALAQNAMA and to get the divorce certifcate ?

Thanks,

Masthan