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irfan (housewife)     23 December 2011

Muslim divorce

i m muslim ..ihav divorced my wife by  triple talaak in front of her parents n mine.i hav 5 month baby who is with her. i m govt employee with rs 25ooo as monthly earnings.my query is

1.she has filed maintenance case against me..demanding Rs 10000 for herself n 3000 for the child.

2.wht if she says in the court  that i hav not given her talaak as there were no witness except her parents n mine.

3will i hav to giv her divorce by judicial way rather than by our shariat way..

4 can i say 3 times talaaks in the court itself in front of everybody on the  day of hearing  ..will it be considered .

kindly suggest wht to do ??


 



Learning

 7 Replies

Arshad Jamil (Patent Attorney)     24 December 2011

Even if u have divorced her, she is entitled for maintenance for herself, till she remarries and for the child even after her second marriage, It is your moral duty too. You are also liable to pay all her expenses during iddat period. Not only legally but morally also it is your duty to maintain your child for good upbringing and wife till she remarries and settles in life.


(Guest)

@Arshad Sir,

What would be Scenario in my case? My wife Left with in 42 Days, After Trying for Reconciliation for 6 months Through elders from both the side of Family as per Islamic Shariat, still they are Adamant, and Threatening for False Cases All they are lookint to fetch Money If I will bring her back she will harrass me more, Can I divorce her Now? Is yes then Can I Pay her One time Fair Provision?

Will she able to claim Monthly maintaiance till she -Remarries?? Since I've paid her already One time Alimoney as Fair Provisioon as per Muslim Divorce Act 1986?

Please Enlighted me..

Thanks

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     24 December 2011

In both the cases, maintenance of payable please.

Arshad Jamil (Patent Attorney)     24 December 2011

Try your best for reconciliation, because Talaq is the worse thing when it occurs, and it is really painful for families, Try reconcililiation through one of your blood relative and one of her blood relative, both of them should be partial and should have fear of ALLAH, they should allow both of you to meet and then they should individaully talk to both of you..Both of them should do  it in good faith and should try thier best to reconcile , read Sure Al-Nisa's translation. Pray for yourself and i will also pray for you.

Regards

1 Like

(Guest)

@Arshad bhai,


Please check your inbox I've Sent you My situation in details
Thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Maintenance is her right, which can not be defeated.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

BALAJI S N (SR MANGER)     25 December 2011

Dear All,

Divorce, the word is simple when only couples, but when pro-creation, after child born, it is both of their duty to bring up the children in the life.  Read holy books, follow spritual leaders advise, elders how they lead their life in the past.  Pls follow your mind voice/intution, ask the almighty which is good for you.  The laws are who neglects the self discipline.  Husband & wife can be separated, but child can't break as two and take each one part.

Pls note if you go on search for better and better again, you never find.. let divorce will be last resort and legal way in any community either Hindu or Musilim or Christian who ever it be.. pls think other point of view 

For marraige, you need your parents, well wishers, friends & spritual leaders etc., for when divorce you seek only for advocates and neglects everything else.  Pls understand everybody has own family.  Break is easy but bind and long term bond comes after long joruney and understand each other.

Dear all, if you have children, pls put off your decision as much as you want, think once again, if your parent took such decision what is your position now, what you want to pass on to your children.  The life is one time but make best impression.  We admire hero in movie, b'cause of his sacrifice and caring for others not his own happyness.

Thats all..  Let almight guide us, what is good for us and harm to none.

Wish you very happy, peace & prosperous new year to one and all

with love and best wishes

balaji - BA, LLB

 

 

 


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