LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

qaz (owner)     06 February 2014

Muslim divorce

I am a Muslim and got married to my wife 9 years back as per Mohammedan Law and have 2 kids with the marriage.

My wife doesn't want to stay with me and its been more than 1 year that she has been staying with her parents along with  my kid. I tried my level best  to convince her but things did not change.She is adamant and wants to stay separately.She has verbally and in writing confirmed her intentions that she does not want to reunite not even for the kids.

I am looking for a sample Talaqnama which can be sent to her as per Mohammedan Law.

Any inputs will be highly appreciated.



Learning

 4 Replies

Shantilal Pandya ( Advocate)     06 February 2014

If you insist for execution of  talaknama  it can be done on terms accepted by both of you or else you can pronounce three times   talak for your wife  in presence of Panchas  and get it conveyed to your wife ,it operates as a valid divorce according to your personal law.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

There are different form of Divorce in Mohamedan Law.  The Muslim law recognises divorce or talak which means 'repudiation' asa method of dissolution of marriage.  A muslim husband who is of sound mind and has attained puberty, may divorce his  wife whenever he desires and even without assigning any reason.  The Muslim law recognises the following forms of divorce:

(1) Talak,   (2) Ila,  (3) Zihar,  (4) Khula,  (5) Li'an,  (7) Judicial divorce;

Talak may be either oral or in writing by a document called 'Talaknama'.  The words to be uttered in a talak must be unambigous and must indicate an intention to dissolve marriage. 

Talak may be or three types,

(a) talak-ahsan, i.e., a single pronouncement;  (b) Talak-hasan, i.e., consisting of three pronouncements, and  (c) Talak-ul-biddat, i.e., talak consisting of three pronouncements in one sentence or in three sentences made simultaneously or even in a single pronouncement clearly indicating an intention to dissolve the marriage irrevocably.

Oral Talak - No particular form of talak is prescribed but the words must be made express and not ambiguous indicating the clear intention to dissolve the marriage.  It is not necessary to pronounce talak in presence of wife or addressed to her but the talak takes effect immediately it is uttered.

Talaknama or Talak in writing: A talaknama may be a deed by which the divorce is effected or it may be just a record of oral talak. The Talaknama may be in customary form or unusual form.  If it is in the customary and manifest form, it takes effect immediately although communication is necessary for the purpose of dower or maintenance. If the Talaknama is in unusual form, the intention must be proved. 

As per the latest changes in the Muslim law, in view of the Fatwa of Majlis of Jamiat Ahle Hadith, a Mohamedan husband is not permitted to divorce his wife at his sweet will.

You can download a sample 'Talaknama' from the google search option.

Shantilal Pandya ( Advocate)     09 February 2014

one sided talak is still valid

Shantilal Pandya ( Advocate)     09 February 2014

one sided talak is still valid


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register