QUAZI denied to give TALAQ

file declaration suit  seeking divorce in the court

In front of QUAZI my brother pronounced TALAQ thrice, but still he didnt given TALAQ papers.

Rajeev: file declaration suit  seeking divorce in the court

>>>Masthan: Do you mean, I need to file for divorce in the court? Is writing/prnouncing TALAQ thrice is not good enough?

@ Author

1. As per Islamic / Muslim Marriage Act TALAQNAMA should be sent by husband


2. it shoudl be done by husband and there is no one on whose behalf it could be done.

 

3. Your role is important

4. A Qazi can be the Witness for this talaq or Mediator for the dispute that is all and other than that he has not much of a role.

 

5. Muslim marriage is a contract between Women and Men. 

6. Why are going after qazi for divorce? Under islamic law, for pronouncing divorce qazi is not required. 


7. The correct procedure to be adopted for divorce is to send a Notice of single talaaq to your wife, wherein you can ask her to mend her ways and stay away from her for one month. if she mends her ways, than resume with her. If she does't mend her ways, than send her second Notice of talaq in the second month agsin stay away from her.  Despite second notice if she does't mend her ways, than in the third month send her third Notice of talaq. 


8. Your talaq will become irrevocable.  All three Notices are to be signed by you.  You can have mediation before sending talaq Notice.


9. Under Islamic laws, unchastity is the only ground for talaq, and  that too if wife despite three Notices remain unchaste.  So if you are giving talaq for any other frivilous reason, than on the day of judgement before Alimighty Allah, you will be accountable and its a great sin to pronounce three talaq at a strech as per many of the Islamic quotes and unquotes.

10. If you want to remarry, nothing prevents you to remarry.  For remarriage even talaq is not required in some Islamic sects.

Tajobsindia Could you please explain the point 9  indetail (with simple english and examples)

If I get TALAQ, that resolves all my problems and cases.

She pulled all my family members into false 498A case, is this not good enough to give divroce?

@ Author 

I agree to Zeeshan Ali's foresight suggestion in your briefs...........

zeeshan, I started this thread to get the valid divorce? and I dont want to discuss other issues ( like 498A, 125 Crpc etc cases here). Please try to understand and co-operate. Let me know the valid 

Could you please let me know your comments on "https://legalapproach.net/legal.php?nid=357" 

she files 498A case and the quash is pending in high court. 

The talaqnama is valid unless we get convicted by the supreme court of india u/s 498A IPC 

Moreover I need not to prove my allegations are true, it is good enough if she fails to prove her allegations in 498A

I know that I am innocent, definitely I will come out from 498A. 

But when I will come out from 498A? After 5 years or after 6 year or after 10 years. As we all know how many years it will take to close a case in our great india.

If I prove my innocent in the court after 10 years, is it really a valid justice? no court gives my young life back. That is what making many 498A victims to settle the cases out sides.  And this is the only reason for misuing the 498A IPC

2. We approached QUAZI on SEP-2010 for divorce, he three notices to oppiste party.  They received 3 notices and they didnt apeared before QUAZI.

If I get TALAQ, that resolves all my problems and cases. She pulled all my family members into false 498A case, is this not good enough to give divroce?

---   mr masthan,  you are thinking wrong,

you the husband has to pronounce talak, not anybody else.

it is according to shariat.

if your kazi not guiding you properly, you may take help of any other person.

after talak, these cases will not be stopped. it will stop after its own course of  legal action.

(She pulled all my family members into false 498A case, is this not good enough to give divroce?)

like hindu's you do not require any ground for talak.

pronounce talak is your personal liberty under art 21 of the constitution of india.

Let me know the valid 

------     perhaps you want to know the legal validity of an islamic talak.

talak is a fully legal divorce  for you.

i could not understand why are you confused.

The talaqnama is valid unless we get convicted by the supreme court of india u/s 498A IPC 

---   this line bears no intelligible meaning.

9. Under Islamic laws, unchastity is the only ground for talaq, and  that too if wife despite three Notices remain unchaste.  So if you are giving talaq for any other frivilous reason, than on the day of judgement before Alimighty Allah, you will be accountable and its a great sin to pronounce three talaq at a strech as per many of the Islamic quotes and unquotes.
 

----    this is a type of religious warning, do not have any legal  value.

do not worry for it.