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Pidit Pati (False 498a Victim)     28 August 2013

Application under muslim marriage desolution act section 2

Ex-wife has filed application in Family Court under Muslim Marriage Desolution Act Section 2 for issuing Talaqnama.

History: After 5 years of marriage wife left on her own with all her belongings and started living alone. Husband tried reconciliation attempts many times but to no gain. After 2 years of seperation, he offered divorce (talaq) with meher amount and 3 month iddat amount which is accepted by wife. Now, after 2 years of divorce she has filed application in family court to issue talaqnama. What can be implication of this and what should the husband do to save himself from the ultirior motive of wife ? Experts please guide.



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 3 Replies

Tajobsindia (Senior Partner )     29 August 2013

1.    What you did 2 years back was an incomplete way assumed divorce under your personal laws has taken place. There is no legal sanctity of your 2 years old Divorce as neither you went to Court for talaqnama nor approached Kazi for the same as all these facts are missing from your brief except you say you tried re-conciliation followed by return of mehar and there popped self-assumed talaq between you two !

2.    This time under the Act, 1939 she is setting the legal position right.

3.    BTW, you have not mentioned grounds she took under S. 2 of The Act, 1939?  

Pidit Pati (False 498a Victim)     29 August 2013

Thanks Tajobsindia for your expert advise. She has written in the application about the date of marriage and divorce. She as also mentioned that she has not been taken care of nor paid maintenance to her since last 3 years. Just 2-3 lines application and than is asking for Talaqnama from court. She has also made seperate application for maintenance under 125 CRPC along with this application. What could be the motive behind getting the talaqnama from court?

Tajobsindia (Senior Partner )     29 August 2013

1.    Motive is to seek dissolution of marriage by way of divorce decree invoking once Personal Laws.

2.    Motive is to seek maintenance under Civil personal Laws which will be final.

3.    Motive is to seek interim maintenance under secular quasi-criminal Laws.

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