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yousuf (Deputy manager)     12 October 2013

Plzzz help in divorce case

I am a dawoodi bohra & got married one year back as per dawoodi bohra nikah in jamaat. I am attaching here my case for guidance from experts ..I want my wife back in my life as she is taking deciion in hurry & she needs time . I am sure we can sort out all differences..I need guidance on following issues 1) Can this jamaat divorce papers be proved invalid as it was against my wish & i was fooled by aamil sahab as they didnt gave anytime for reconciliation . 2)I want to take my wife back & i am ready to do anything for her. is it possible that in court we would be given consuelling & i can prove that she is still my wife


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 4 Replies


(Guest)

Your wife will run Like milkha singh.....so don't worry...!!


The more you want to catch her the more she will be dropped.


For you no case law will help. Because you forcely want's her to live with you which is not pragmatic and sound as selfishness.


The person who don't want to live with you and you trying to make her live against her will , doesn't make any sense.


Now, I can say as what you want exact.???????

 

Last Reply..!!

yousuf (Deputy manager)     12 October 2013

I know i cant force her but i kno she that is doing this in anger & once we will talk for some days then i am sure she will change her mind. i am waiting for her..we were quite happy & not much major differences we had..its all of sudden she told me for divorce which was shocking for me..before this she was normally talking to me..so its hard to digest for me why she dont want to live with me as i am assuring her evrything.

Samir N (General Queries) (Business)     12 October 2013

Yousuf bhai,

I agree with @sufferer. Forget her and find another wife. Emotional attachment bohot mehengi pad sakti hai aage jake. She will blackmail you knowing that you are so much in need of her. On the legal front, I think that muslim laws are very different than Hindu laws in matters of marriage and divorce so you need to find a good expert in that specific area. All advocates will say that they are experts in whatever topic you mention. So, be careful, ask him how many Muslim cases he has represented and confirm the same through some means. Most advocates follow only one religion: MONEY!

Regards

T. Kalaiselvan, Advocate (Advocate)     12 October 2013

Mr. Yousuf,

The Muslim law recognises divorce  talak which means 'repudiation' as a method of dissolution of marriage.  The very word 'talak' signifies the absolute and unilateral power of a Muslim husband to divorce his wife at any time.  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.  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 of three types, namely (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 a single pronouncement clearly indicating an intention to dissolve the marriage irrevocably.  The pronouncements are made during the 'tuhr' i.e., the period between menstruations.  An oral talak becomes irrevocable and complete u nder the following circumstances: 1) Talak-ahsan becomes irrevocable and complete on the expiration of the period of iddat; 2) talak-hasan becomes irrevocable and complete on the third pronouncement irrespective of iddat; 3) Talak-i-badi becomes irrevocable immediately it is pronounced.  It is therefore called Talak-i-bain, that is irrevocable talak.  Talaknama or a talak in writing becomes irrevocable and takes effect immediately on its execution, unless a contrary intention is expressed.  Until a talak becomes irrevocable, the husband has the option to revoke it.  Revocation of talak by the husband may be made expressly or by implication - for example, by performing s*xual intercourse with the wife.  According to Sunni law , a talak pronounced by the husband under the compulsion or undue influence or in a condition of intoxication or to satisfy his father or even in jest is valid provide the words uttered are expressed.  Also,  after talak or divorce if both want to remarry each other, the wife should marry another person, get her second marriage dissolved and then can enter into marriage with the original  or the first person.  

Thus, Mr. yousuf, after carefully going through the above contents, please see where you stand and what is your present status, because a court cannot interfere in this aspect despite you may prove that she is till your wife.

Advocate Kalaiselvan, Vellore, Ph: +919443441062


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