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Ibrahim (Associate)     18 July 2014

Talaq challenged by ex-wife

Dear lawyers,

I have sent triple talaq in talaqulbidat form attested by one male and one female witness though registered post. Her brother received it and i got the acknowledgement copy. I also sent the same copy to masjid of respective cities? All got delivered.

Now after one year she has challenged the talaq on the grounds that talqulbidat is not valid and witnesses are my close relatives and no approval from masjid commitee members.

we had several round of reconciliation efforts and all got failed due to their lack of coperation and then i came to know about her love affair prior to marriage and when i raised this issue to Mosque commiteee it was left undecided and she filed a DV case with total false and immoral allegations. Then only i sent her talaq. Infact one Masjid comittee member was in favour to her and refused to help me in giving talaq.So i sent her talaq on my own in the above manner.

Also she is seeking permanent injunction for my second marriage which is against shariat law?

Please let me know Is it legally valid? If not can i pronounce another talaq if any formalities missing?


Regards
Ibrahim
 



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 2 Replies

Laxmi Kant Joshi (Advocate )     18 July 2014

ibrahim the witnesses should be one male and two female on which presence you pronounce for your talaq .

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     18 July 2014

As per Mohamaden Law, talak or divorce will effect only after three iddat period (about 3 months) from the date of communication of husband's intention to his wife directly or other mode of communication in the presence of two witnesses, and on subject to the payment of all due to her, such as 'mahar' and maintenance for the iddat period and their physical separation.


If the above conditions are complied with, there is no necessity to pronounce talaq again. However, you have to defend the case filed against the talaq.


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