muslim law-divorce
Vinay Bhardwaj
(Querist) 15 January 2011
This query is : Resolved
My Muslim friend, married 10 years back, having one Girl Child resides with his wife in the same flat but not performing any maritial obligation(constructive desertion from last 3 years. He just came in the flat for sleep. His wife has filed a case of 498-A. He also paying maintenance to her. He many times tripled talaq but not considered by court. Now, he seeks her wife to leave flat and decree of TALAQ. please help.
n.k.sarin
(Expert) 15 January 2011
He can not through her wife from the flat. wife has right to live in the flat.Talaq can be considered only when it was given in the presence of molvee and two witnesses.
Khaleel Ahmed
(Expert) 15 January 2011
I dis agree with the above opinion of learned experts. As you have stated that, your friend has pronounced triple talaq to her wife.It is a valid talaq.Court can not say Talaq has not effected. Your freind hereby advised that, to get the divorce certificate from his local Qazi and later from Muslim Waqf Board. Your friend can evict her from the flat, as she is not a legal wife as per Islamic Law.
Ahmed Daud Girach
(Expert) 16 January 2011
Seeing the thing without favour or fear firstly Tallak if announced what is the proof.At least two elder muslims or four muslim lady or one male and two famale witnesses are required as witness.Or give tallak through legally drafted letter with signatures of maulvi and two witnesses and hand it over to her acknowledgement must be taken.So far as maintenance is concerned she can claim benefit of 127(3)(B)which provides alteration of allowance when paid in full after divorce according to personal law court will cancel the maintenance orderr.
n.k.sarin
(Expert) 16 January 2011
I fully agreed with Mr Ahmed.
