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KSPankajavalli (business)     05 January 2015

Seeking divorce (talaq) when dv act case pending

I got married 3 years back as per islam or muslim way. Due to personal, various other differences and we decised to seperate and we do not have a child .

But to harass me and my family, a false domestic violence case was  filed by my wife against us  metropolitan court.  This case has been dragging for more 2.5 years now in metropolitan court.  

Also my wife is not willing to come before islamic leaders or Qazi as she wants to take legal course and is purely looking for maintance (money) at this point in time. Even am not willing to go to Qazi as she is a relative to Qazi and there is a high posibility that Qazi might favour my wife.

1) As its no point of return at this stage, my question is can i give TALAQ at this stage when DV act is pending before court?

2) What will be the effect on the DV act against me if i give her TALAQ at this stage?

3) Also can i send any written letter for TALAQ to my wife (as she is not willing to come before islamic leaders or Qazi). Please give me the procedure regarding the same.  or Any other best way to send TALAQ ?

I am bit confused at this stage with so many years passing by in court  and am struck now and not able to move forward with my life. Any suggestions is highly appreciable.



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 January 2015

Dear, Yes you can give talaq .... Dv case will run parallel because DV case is separate from talaq .... Kapil Chandna Adv 9899011450

KSPankajavalli (business)     06 January 2015

Thanks kapil chandna! if I send a talaq letter to her is that sufficient ? and she cannot come in future to claim property etc after my death etc... right. 

Biswanath Roy (Advocate)     08 January 2015

TALAQ should be in accordance to sariaah. DV case has no connection with talaq.

T. Kalaiselvan, Advocate (Advocate)     09 January 2015

Your name does not suits to the query, appears to be academic, you may better read the proper law books if you interested to update your academic knowledge.


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