Grounds for challenging the muslim divorce

Yes, she can challenge. n u have to prove the talaq. refer dagdu chotu pathan v/s rahimbi dagdu pathan

As far as I know under the Shariat law (I may be wrong) no reason need be given by the husband for a divorce. He has to pronounce Talaq thrice. It could be in the absence of the wife even. He can pronounce it in the presence two or more male witnesses and send a letter to his wife with his own and the signatures of all the witnesses. Meher and iddat can be settled separately.

Hi 

Ghazala Khan,

Thanks for your reply. 

Could you please explain more on "what do you mean by YOU YOU HAVE TO PROVE TALAQ" ?

As I said in my first posting, 

Dear Masthan,

If you applied all process to complete the TALAQ then its final, its all about our "neeyath"

1) reconciliation between you & wife from you directly

2) reconiliation meeting infont of your ( relative/wellwishers) and wife ( relative/wellwishers) or any common 02 people

3) send the first TALAQ with IDDAT period

4) send the second TALAQ with IDDAT period

5) then final TALAQ with Mehar amount ( if you have paid in nikah then no need) and a gift to your wife ( that could be a lumsum amount or ornamounts as per your financial condition

Resgister in kazi office get stamp and register same in court as well ( now by sharia - your wife is haram to you)

No one cant challenge this once she becomes haram to you

Hi Syed,

Thanks for your reply. Let me explain the process that we followed as 

1. We approached KAZI and he sent three notices to them (min of one month gap between each notice) asking them appear to infront of him (for arbitaration/reconciliation) . They didnt cared the KAZI notice and they did not appeared . 

2. KAZI sent fourth notice telling that this is the last notice to appear infront of me and to resolve the disputes. And they appeared befor KAZI for fourth notice. We told our version and they told their version.  At the end of the discussion KAZI said on the next hearing date come with your elders.

3. We went with our elders and they came with their elder and arbitration was failed (as we alredy decided that we dont want to take back 498A wife, who sent the entire family behind the bars when we were in deep depression due to my father death) and at the end of the conversation my brother pronounced triple TALAQ and we came out.

4. And we took the same to Advocate notice, and he prepared TALAQNAMA  (which issigned by two witneess and her husband ) and legal notice (signed by advocate ) and we took a DD for meher and iddat and we sent all of them in a registered post to her.

This is what happened, til now. Now tell me is this a valid TALAQ or not?

Thanks,

Masthan

Dear Masthan,

Forget about 498 case or anyother case thats all different cases,

but shariat law is totally differnent

A shariat law build on haram & halal, no one in the world cant force a muslim to accept haram ( when i say muslim that is for both female & male) haram & halal applicable to both men & women

Now as already told you its all about our "neeyath" its between you & Allah, you can hide your real situation & facts but Allah knows everything, By fear of Allah if you think you have followed all the above process and you have given enough time to your wife to decide ( you did your best to keep this marriage alive but your wife turn out all the options) and you have decided to pronounce talaq with the valid IDDAT period, even then she didnt join and dosent care about "akhirat" then you dodnt have to worry about - your talaq is valid

The only thing you have to do is submit all the documents sign by kazi and witnesses to court thats it. No one has rights to ask you to accept "haram"

"PIG' is haram to muslim, do you think any person in the world ( persident, priminister, judge, maulvi, muthavalli or anyone) can force muslim to eat 'PIG" "NO - they cant" unless they are against islam.

Its all in our believes and we believe allah - allah teach us about haram & halal that is what we follow, even in other religion there is haram & halal but indifferent names for example

A muslim cant marry his own sister - its haram - its there in almost all religions

A muslim cant marry her own brother - its haram - its there in almost all religions

A muslim cant have illicit relationship with his/her own blood relation- its haram - its there in almost all religions

A muslim cant involve in prostitution- its haram - its there in almost all religions

A muslim cant accept or demand dowry - its haram - its there in almost all religions

A muslim cannot drink alchohol - its haram - its there in few religions

likewise its our religion who teach us about relationhip/ respect/ love & resposibility to both men & women which we follow

Now - By fear of Allah if you honestly believe that you have completed the process then she is haram to you - you cant take back,

But - Byfear of allah if you believe that you have not completed the process then again complete the process - the same you can submit to court

and the rest 498/DV/maintenance and other harrasment cases are natural which normally raise by todays generation - you must fight - if you have not done anything wrong - by anymeans - with your wife then inshallah allah will help you to win the cases - also you can get help from our experts here in LCI time to time.

But as i told you above its all about your "neeyath" if " in your neeyath main kuch khote hai" then this talaq is not valid

Remember onething - Triple talaq in one pronounce is not valid, and also Allah hate talaq & warn us to not to misuse of freedom which allah has given to us ( specially for men)

Talaq must be on "last resort' where all other options failed, otherwise allah urge us to be patience with our wife as allah made them from "mens rib" they cant be sraight and we cant force them to be staright as they will broke. But at the same time if a women took the advantage of her husband softness towards her/ dosent cohabit with husband/ dosent involve or showing interest in marital life/ ignoring physical relationship/ aborting religious order / involved herself in adultry etc then a husband has rights to pronounce talaq for boths better future.

lkkf

Brother i have ques..

My elder bro got married and my bhabhi filled a case of 498a and 406 against us now the situation is they comprimised with us in the police station and now we are about to take her back to our house in the meanwhile we asked for sometime and told them that will get her once we are ready but now they are giving warning's to us that if u wont do this that will again re-open the FR in the court.I know untill the FR get sanctioned from the court she can re-open the FR.We have not given anything in written at the time of comprimise, I wanna know is it possible that can we give divorce once the FR get closed from the court and they wont be able to do 498 once again on us under muslim law.They are torchurin us from last 4 months continously.And can they still go for 125crpc after the divorce under muslim law there is no childrens still in there life.

Hi Nadeem,

1. In the police station, your family committed that you are going to take back your 498A wife then why are you hesitating to take back her?

2. Yes, indian women has all the rights to re-open 498A again. I know some of the cases where a muslim women who was divorced in 2002 filed 498A case against her ex-husband  in 2010.  The problem is before your prove your innocene they will arrest you. That is the speciality of 498A. May be we all could have a big offence in our last life, that might be the reason that we born in this country in this life.

In your case it is sad that you dont have any proof that matter settled in PS.

3.  Divorce is different , 498A is different , 125 Crpc is differnt. There is no relation between any of them

4. In your case, she can file 498A on your family even after divorce. However this wont for long time and you can tell to the court that , since we given divorce to her she filed 498A as counter.

5. 125 Cprc is maintainence case.

    Any married/divorced muslim women can claim maintaince u/s 125 Crpc if

         5.1 she is unable to maintain her self

         5.2 if  she did not remarried again (in case of divorced women)

         5.3 if husband fails sufficient cause to leave her

         5.4 if she is ready to join her husband but husband not allowing her with out a valid reason

Dear Nadeem,

498 / harrasement/DV and maintenance case all are common to any religion its not like they are not applicable under muslim law

muslim law is totally different which deals only muslim issues as per "sharia"

I have clearly mentioned some points above if you think its applicable to you then give talaq to her otherwise give her a chance

othercases you have to fight whether you give talaq to her or not, thats become common now a days and we can challange any cases, if you think - by fear of allah - you didnt harm her - by anymeans - then insha allah allah will help you to win the cases

Some times maintenance you have to provide even after IDDAT period - till she re-married - or - if she is finacially not sound

If she take "Khula" then no maintenance to her

In anymeans please dodnt harm her or her family members - forgive everyone - and just come out of this relationship

but to my knowledge the women who took her husband and his family to police station that too in false case, i dodnt think so both will live together for longer period - even if you forgive her act and agreed to live together

Still its all about our "Neeyath" you have to decide

498A wife is much danger than atom bomb. No one dare to live with atom bomb and no one dare to sleep next to atom bomb

There is no gurantee that she wont file 498A again in future when your family dis obey her intersts. 

And it is more dangerous, if a wife files 498A second time then it is very difficult even to get the bail from court.

As far as my knowledge , the day when she goes to PS and files 498A, then that is the end of that marriage.

And every one knows about this, especialy the her advocate knows much more better on this.