Guest (n/a) 18 November 2008
Vijay Raj Mahajan (Advocate) 19 November 2008
In order to avoid the triple divorce in Muslims which dissolves the marriage on the utterance of the word divorce the third time, the best course is to get the Muslim MarriageRegistered under the Special Marriage Act,1954. Once the the marriage is registered under this Act, the provision of this Act will only apply to such marriage & any dispute regarding it. Even if the husband now utters divorce three times the marriage will not get dissolved & in order to do so the Husband has to seek dissolution of marriage from the District Court by decree of Divorce or Annulment as the case maybe. All that requires lot of time,money & evidence to prove the condition of divorce/nullity under the Special Marriage Act,1954. There is no other better solution to bring the practise of dissolving Muslim marriage by utterance of triple divorce by husband as & when he likes although all Muslims come out with excuses that this way of triple divorce is not considered good in their religion still they continue practising it in the name of Personal law.
anonymus (confidential) 20 November 2008
dear mahajan saheb,
ur view is correct. but the position of law is now changed. The pronouncement of triple talaq will not dissolve the marrige, when it is not done as laid down in the quran. No excuses will cure this defect. The conditions for talaq are specifically laid down in the personal law which is fool proof. Please donot judge a law based on the followers rather violaters. Please refer the decisionof our SC in "Shamim ara vs state of UP and another" reported in AIR 2002 SC 3551. The SC has classically interpreted the injunction of quran and clearly stated the conditions and mode of pronouncing talaq. It is not as easy as percieved by others, or as followed by the so called muslims of India. Triple talaq at a time is INVALID even as per quranic injunctions.
Vijay Raj Mahajan (Advocate) 21 November 2008
Sushil Kumar Bhatia (Advocate) 30 November 2008
Talaq only will be performed when talaq say on three consequences months of period of lady and payment of mehar is must.
HELP (SA) 15 April 2011
Respected all,
My friend husband had wrote SMS to her where he had mention 'I am giving u talak. Do what u do.' Thereafter on the same day he chated online with her and wrote in gtalk that
''i am saying talak 2nd time"--'i m saying talak 3rd time'---bye---' allah hafiz' ---- over ".
After one month of above communication, her husband is sending notice through his advocate to join matrimonial home in 30 days..
Is the talak completed or can be revoked. They had one female child of 11 months.
Please help, as many movlis and lawyer are giving different advice, she is confused and is very sad, she does not want talak. She does not know his husband view.
Thanks in advance if you help her..
Arup (UNEMPLOYED) 16 April 2011
ACCORDING TO SHARIAT - IT IS FINAL AND BINDING.