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Ibrahim (Associate)     12 August 2013

Refusal of talaq sent through reg post

Dear lawyers,

My ex-wife filed a DV case with total false allegations and expressed her concern for separation with claiming of articles back and marriage expenses. I sent her talaq notice by addressing to her and to the mosque of respective cities. Her brother signed and received the same and we got the acknowledgement card back. My case is having reasonable cause and went 4 rounds of reconciliation efforts with arbitrers of both families. Now they are playing a game of sending it back to my address through their lawyer and using their influence on the mosque asking them also to return it back. But they also clearly stated their intent of separation in thepetition. Eventhough talaq is valid, i need experts opinion on this to confirm the same. Please help.

Regards

Ibrahim.



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 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 August 2013

Dear Ibrahim

no need to worry, as per Islamic Law if you are sunni then the talaq has been complated because according to islamic law there is no provision in Islam for consent or refusal of wife regarding divorce/talaq, if the husband pronounce the talaq before witness three times and send a talaqnama along with mahr and iddat period.

 

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 August 2013

Dear Ibrahim

there is no procedure to get consent of wife regarding talaq, Husband can send a talaqnama after pronouncing the talaq before witnessesalong with the iddat period maintenance and Mahr amount.it was held by the court that  there is no option to the wife to challange talaq. (Mohd. Umar Khan v. Gulshan Begam. II (1991)DMC 15

this talaq comes under extra judicial divorce.

Ibrahim (Associate)     12 August 2013

Dear Nadeem,

Thanks a lot for your reply. It really helped me a lot.

Mahr was paid at the time of marriage and i mentioned the same in talaq letter. But i didn't mention about idaat period. Will that be a problem?

Can i tell in court that i am ready for idaat maintanence.

Regards

Ibrahim


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