Qureshi (CS Professional) 14 December 2010

Talaaq under Indian Law

Hi All

It would be great if any of the esteemed professionals can guide me on this:

I am 29, a CS Professional working with a top MNC in Mumbai. I am a practising Sunni Muslim by religion. I got married in January 2010 to a girl from Bangalore who is a practising doctor (after completion of MBBS).

There have been a host of problems right after marriage leading to lot of disharmony in our relationship:
1.My wife has never provided me any love and treats me like an insignificant character in her life.
2. My in-laws also treat me the same for no apparent reason.
3. My wife keeps threatening me that she will give Qula and i can be a free person and i may re-marry any other girl if i wish to.
4. My wife abuses my parents and treats them like servants

All of this has lead to mental torture to me and now in November 2010 she left my home and went to her parent's home and has been living there ever since.

Present Status - She has not given me Qula. Her parents and relatives and refusing to let her do so. I get threats from her family that they will drag me to court.
There has been no response from her family after that and they do not reply to any phone calls.

What i want to know is:
1. If i file for a Talaaqnama through my Lawyer, what will be the next course of steps she would take?
2. Can she file a dowry harassment case against me? (Neither i nor my family has ever asked her/her family for any dowry)?
3. How do i protect myself legally?
4. My wife is an independent professional. Can she still claim for any compensation or maintenance?
5. Also, i have a recorded a conversation on my phone, where she has very clearly mentioned and threatened she will give me Qula. Will that help build my case as strong evidence?

Kindly guide me on this

Thanks

Reply Follow

9 Replies

Y ARAVIND (ADVOCATE) 14 December 2010

Is it necesary to file for a Talaaqnama; think of materialisng pronouncing talaq validly and you must be knowing the consequences of such talaq. To escape severity of dowry harassment case, first you have to initiate legal steps and take shelter. Maintenance is included Talaq and if she not not earning person or her income is not suffcient to standrard of your family, the court may think of awarding maintenance till she remarries.

Qureshi (CS Professional) 14 December 2010

Thanks Aravind. Couple of questions:

1. Can you elaborate as to what are the consequences of this Talaaqnama?

2. She is a well established professional earning close to 40k per month. Would i still have to bear maintenance?

Thanks

Arup (UNEMPLOYED) 14 December 2010

1. IT IS YOUR PERSONAL LIBERTY TO SEND HER TALAK NAMA.

2. YES.

3. YOU HAVE TO FIGHT HER AT COURT IN CASE OF 498A OR DV.

4. YES SHE CAN CLAIM BUT SHE WILL GET AT PER LAW.

5. KEEP THE PHONE CALL RECORD FOR FUTURE PROCEEDINGS.

PERHAPS YOU ALREADY ASKED THE SAME QUESTIONS - A FEW DAYS BACK.

Y ARAVIND (ADVOCATE) 14 December 2010

Mr.Qureshi,

You could have addressed atleast Mr. befoer posing other question

Qureshi (CS Professional) 15 December 2010

My apologies Mr. Aravind. (its just that i'm used to culture of using only first names in my organization)

Request you to guide me for the questions asked.

Many thanks

Y ARAVIND (ADVOCATE) 18 December 2010

At the time of talq what ever is mentioned in Nikhanama you have to pay to her.

MASTHAN (Self employeed) 30 December 2010

Hi All,

1. If she dont take TALAQNAMA papers what we sent in registered post, then this TALAQNAMA still valid? How many times we need to send TALAQNAMA papers to her.

2. In our case she filed 498A, DP3, DP4 125 cRPc ..etc, 125 CRPC is running , we have stay on 498A, DP3, DP4.

3. QUAZI sent a notice to other party asking them to appear in front of him to discuss about the disputes (actually we approached QUAZI for divorce but he said I can't issue immediatly I have to follow the process) but the other party received the first notice but they did not received (intentionally) second and third notices. We have to appear in front of QUAZI on JAN-3-2011. Can any one tell what steps we need to take to make TALAQ as valid?

Thanks,

Masthan

Avnish Kaur (Consultant) 30 December 2010

get talaq process hastened, file it very fast as per ur personal laws, after tat hell with her and her 498a. she cannot do anything except filing a fake 498a and a sham / mock trial.

regarding maintenance if u are middle class being a docotor (professional) she is unlikely to get any significant maintenance.

regarding muslim laws contact a lawyer expert in muslim law cases urgenly and file divorce very fast.

MASTHAN (Self employeed) 30 December 2010

Helllo Avinash,

Could you please guide me on the below questions?

1. If she dont take TALAQNAMA papers what we sent in registered post, then this TALAQNAMA still valid? How many times we need to send TALAQNAMA papers to her.

2. QUAZI sent a notice to other party asking them to appear in front of him to discuss about the disputes (actually we approached QUAZI for divorce but he said I can't issue immediatly I have to follow the process) but the other party received the first notice but they did not received (intentionally) second and third notices. We have to appear in front of QUAZI on JAN-3-2011

what steps we need to take to make TALAQ as valid?