Reply to first queriest;
This divorce obtained under personal Law is still open to challenge and is not barred by limitation and thus position taken by her so far is correct in my opinion.
Reasoning:
1. A written statement / affidavit by the husband filed in court in response to the wife’s petition for any legal remedies against her husband, saying that he pronounced triple talaq some time in the past cannot, by itself, constitute a pronouncement of talaq.
2. A mere statement in writing or in oral disposition before the court regarding the talaq having been effected in the past is not sufficient to prove the fact of divorce. Such a form of divorce is not recognized in ancient holy books or scripttttures of Muslims.
3. Talaq, to be legally valid, must be for a reasonable cause.
4. Talaq must be preceded by attempts at reconciliation between the husband and the wife by two arbiters - one from the wife’s family and the other from the husband’s; if the attempts fail, talaq may be effected.
Summing up:-
A unilateral divorce pronounced by the husband without a reasonable cause and without any attempts at reconciliation by two arbiters prior to the divorce is not a legally valid divorce. If the wife disputes the fact of divorce before a court of law, all the stages of conveying the reasons for divorce, appointment of arbitrators, conciliation proceedings for reconciliation between the parties by the arbitrators and failure of such proceedings are required to be proved in court by the husband. A wife who has had a unilateral oral talaq pronounced on her that does not satisfy the conditions stated above, would continue to be entitled to matrimonial reliefs such as maintenance, since it is not a legally valid form of divorce.
All above opined in reference to your brief and not otherwise.
Reply to second queriest:
You have two options to execute;
Option 1 -
Seek MCD (mutual Consent Divorce) with MoU wherein return of stridhan and personal belongings are effected upon and walk away in fastest way and restart life.
Pros. – if this option is followed then it is fast and speedier walk out of an abusive marriage protecting once body, mind and soul and cost less to service in Court. A common advocate of parties can service this option instead of hiring two seperate advocates by parties.
Cons. – if this option is followed then teaching him a lesson will be lost in transition.
Option 2 -
File Domestic Violence Act complaint and seek remedies under various Sections including return of stridhan. Your side will also be required to file Divorce suit matter too.
Pros. – if this option is followed then teaching him a lesson will be more or less aimed for and as we say from experience under adversial laws there has been no limit !
Cons. - if this option is followed then this option is first of all expensive to service in longer run if you ar enot earning an income, involves more visits to Court for more years, also involves filing other adversial family law Cases other than above two, youth and productivity year is lost, confusion, exasperation stays for number of years.
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Now a suggestion which can be followed by one of the queriest; start your own thread instead of hijacking someone else started thread post or move out and start fresh thread post for better Q n A.
