Need advise

Dear Ahmed,

You need not file for divorce in India. You have already islamically divorced your wife via the process of Talaq ul Hasan. Which is an approved form of talaq. At the time of third pronouncment your talaq became irrevocable and iddat of your wife started. You are already divorced. There are problems in recognition of talaq - but that happens in the case of talaq ul biddat - i.e triple talaq - where divorce is pronounced thrice in one go. The reason being there is no time for thought and rethinking one's decision. Such is not the case in Talaq ul hasan which you have adopted.

Hope this dispels your doubts !

Adv. Bharat Chugh

*Supreme Court of India

Dear Adv. Bharat Chugh

Thanks for your advise. I will tell you in detail about the procedure i adopted to divorce according to muslim procedure. After waiting for 2 years and all efforts failed to persuade her to join me, i Sent her the 1st Talaq (With one Talaq ) notice with an amount of 3,000 Rs. as iddat period maintainance. Then after one month i sent her the 2nd Talaq (with 2Talaq pronounced)notice with an amount of 3,000 Rs. as iddat period maintainance. Then after another month .i.e. 3rd month i sent here the 3rd Talaq (with 3Talaq pronounced) notice with an amount of 3,000 Rs. as iddat period maintainance. Till then i did not get any reply from her. Then finally i sent one last and final Talaq notice informing her about my 3 talaqs in 3 months and also about the maintainance money for 3 months iddat period, i also took 4 witnesses (04 Adult muslim males) signature on the talaq notice. And also i sent one copy of the same to the jamayat which has solomised my marriage.

When she filed the petetion in the family court for maintainance. We disputed the same that she is divorced. But the family court did not listen to that and told us thet The case is only for maintainance, so the court will only decide about the maintainance. Based on the evidence that she has enough source of income and around 2 corers rupes in her account, the court dismissed her petetion telling that the lady has not come with the clean hands and has only trying to harash the respondent (i.e. me). THe case took around 2 years in family court. during this period the judge had awarded interim maintainance of 2500 Rs for the child. and i was paying it for atleast 1.6 years. She tells that she doesnt accept the divorce i have given her

After this decision in family court, she appealed to high court. The high court judge in one of the hearing told that the divorce was not according to islamic law. The eforts for reconciliation   was not tried by the elders and my self. Where as this was wrong. After she left me our elders and her elders tried this, but failed. Even in the family court, also this failed. The family court had given us chance to reconcile. Where the court mediators tried to reconcile us. But she refused. So the efforts failed. I my self traveled atleast 4 times to India to bring her back to me. But she always refused.

The high court judge is giving the refernce of Some Mulla's book. where the divorce has been explained. I read the book, the book doesnt tell any thing different from the procedure i used to give the talaq. It also tells the same procedure.

In such circumstances, when she is not accepting the Talaq and the court is telling that i have not adopted the correct way of talaq, what should i do. Actually the Indian courts is not accepting the Muslim talaq's. The courts are always giving some or the other twists and telling that the talaq is not valid. Nor can a muslim person file for a talaq/divorce case. Clearly when ther are laws for Muslim Divorce Women Protection Law and Muslim Personal Laws, The courts are not at all looking at these and are just deciding as they want. JUdge X feels that this way is correct so he decides it in his way, Judge Y thinks that this way is correct and he decides in his way. When the decisions are given as per the likes and feelings, then why do we need law. Why do we need big fat law books.

Kindly tell me what is next action i should do if she doesnt accept the Talaq that i have given OR if the court says that the Talaq was not given without proper procedure.