Divorce proof

1. As per 'fatwa' of ‘Dar-ul-Ifta’ it is now a valid talaq.

2. You should apprise the concerned Court of your religious rights read with customs and usage further read with fatwa from your seminary and press for stay of the proceedings. However, you may also bring on record tel. details of call via S. 91 CrPC route when citing the date and time of such pronouncement to your wife along with affidavit of the same who is now 'haram' to you.

3. Interestingly on a similar / identical plea of a Indian Army Major Arshad Zeeshan Siddiqui who also said triple talaq over phone to his wife and when his ex wife later filed S. 498a / S. 406 IPC he approached first HC of P & H which dismissed his plea (CRLM No.17581 / 2010 of The High Court of Punjab and Haryana at Chandigarh, Order dated 28-06-2010) and then he filed a SLP before Hon'ble SC which was numbered SLP (Crl.) 7745 / 2010 (arising from the judgement and order(s) in 28/06/2010 in CRLM No.17581/2010 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) which was also dismissed without a speaking Order by Hon'ble SC on 4th. Nov. 2011 and his bail plea was cancelled.

However when Hindu’s take customary divorce pleas before HC’s and SC both Courts after ascertaining “customs and usage” prevailing in Hindu’s give favorable decision and quash S. 498a IPC but here is a fact where your ‘Dar-ul-Ifta’ already issued ‘fatwa’ way back in 2011 that such ‘triple talaq uttered by a husband over phone irrespective was there any witness on either side or wife heard all three words or not is valid talaq’, my view is that Hon’ble Courts of India should accommodate such religious customs and usage in minorities communicates of India upholding ‘secular’ nature of judiciary???

So the valid question before you now is will you call your fellow Muslim brothers from Dar-ul-Ifta seminary and file a PIL which will help your own fellow Muslims in India ???

Donot you see the interesting comment that I made here! 

Now see Hindu customary divorce and criminal trial quash Order of Hon'ble SC in annexed Judgment and interesting read here is para 12 which says clearly that question of divorce happened as per customs of parties or not is matter of Civil trial between parties but if after that S. 498a IPC is filed it is liable to get quashed as criminal trial does not lie!

Here before SC the “doubts” created were on two facts; customary divorce that took place 10 years ago and limitation period of S. 498a IPC which they were not clear due to bar of customary divorce claimed by respondent husband in the SLP. Hence Lordships mentioned both doubts in the annexed Judgment and clarified; since customary divorce happened or not is matter of civil trial hence criminal prosecution does not lie. So what is wrong if one highlights only one doubt of ‘customary divorce’ is civil litigation matter in your case and till it is decided this criminal prosecution should be quashed picking it as straight persuasive import from annexed judgment?

This persuasive pleading is what I am bringing to board and especially to the knowledge of this queriest that great malady is there between minorities and secular nature of Constitution of India! My question now is is, it not that Constitution of India is applicable to all Indians?

The keyword (persuasive pleading) is ‘custom and usage’. Your seminary has given fatwa which is nothing but customs and usage so how it can be so different of Hindus customs and usageI would suggest now get read the annexed Judgment of SC by your advocate and see how it gets applied in your case and create a precedent among minorities.

Any ineractive discussion on this mute point by any other readers are welcome!

Thanks Sir, for your valuable suggestions. 

Actually what you need? Divorce or Continue life with her. Please decide this first then act accordingly.

Sir, please send me wakalatnama form in Hindi & English to be use for subdivision court, district court & high court. I have to use this form in Bihar.

Hi TAJobs.

Based on this I have a few queries. I'd be obliged if you'd clarify them for me.

1. If a person is divorced according to Islamic rites in India, does that mean the civil union of marriage is now dissolved and the wife is no longer a wife even in the eyes of our courts?
2. To make it more clear, if a man gives the triple talaaq to his wife, can she file false cases of Dowry harrassment and DV on her husband?

Regarding the zeeshan siddiqui case, that fellow was arrested despite being an Army major with both his pleas being quashed by the HC as well as the SC. What conclusion can one derive from this, above the obvious that even an Army Major cannot be complacent when it comes to this dangerous 498A   ?

1. Was he arrested because he was still married as talaaq over phone is not valid in India?
2. Was he arrested because a legal Islamic divorce does NOT mean divorced under civil law?
3. Was his divorce illegal because it was unilateral and other party was not ready?

Please help me understand this sir. I am still confused abt how this whole 'able to practise Islamic law' thing works here in India. To what extent does it work and under what extent India's civil laws supersede?

Confused fellow!!!

1. If a muslim gave talaq to his wife as per islamic law. The indian court will accept it and she will not be his wife any more.

2. An Ex wife can place false cases against her former husband including the 498a.

3. The muslim divorced wife also can place cases for Mahar, her articles (including gold, money other gifts given by her family during marriage period) and Mata (Fair provision and Maintenance) under section 3 of Muslim woman protection on divorce act.

In No 2. of the above ex wife will accuse the husband and his family for demanding and torturing for dowry.

In No 3 of the above the wife shall demand for a huge amound as mata also huge amount of dowry a lot of gold ornaments and other items which was never given to her husband.

But do not worry most of these case will not prove in the court due to lack of evidences.