Please help
Nelofar
(Querist) 24 February 2012
This query is : Resolved
Married 5 year back as per Muslim rituals (both being Muslim Sunni,arranged marriage Mehar Paid at the time of Nika),
Have baby boy of 1.6 years,
Husband abruptly stopped communication from lost 6 months; neither came to c me as I was at my parental home.
Now he is saying I have divorced you, as he say he has send Talaq through Registered post to my parental address to me & my father, as we were out of station so could not receive the same.
Also he is saying I have published in daily newspaper, but we did not have any information about it.
The allegation which my husband’s is putting is that I am not mental fit that too he is saying after 5 years of marriage & 2 years of engagement.
After my marriage my in laws ill-treated me, & I also even went to a Phsystriate after marriage because of ill treatment by my in-laws, he said u don’t have anything.
Now my husband is giving some baseless allegation which has never happened.
I want to save my family, kindly advise me what to do as I am a housewife with 1.6 year old baby.
My husband has not paid even a penny to me & our baby from lost one year even though he is earning more than 70 K a month.
I also posted the same query before respected experts,& i was given some good suggestion.
Right now the matter is being discussed with the elders of my family with some members from their side.what should i conculed as some elders from that area are saying wait everything will be alright.
But to my surprise they again posted same Divorce deed to my Brother's friend.
I was advised by the Respected experts to go for Crpc 125 but we dont have it in our state,But Crpc 488.
What is the credibility of this Divorcé, what should I do to save my family & myself from divorce, please advise me kindly.
M.Sheik Mohammed Ali
(Expert) 24 February 2012
where are you from ? how did he get divorce ? from court or talaq ? you can claim Crpc.125 or Domestic Violence act. you can get every thing in the above act.
Sudhir Kumar, Advocate
(Expert) 24 February 2012
I agree with Mr Mohd Sheikh that DV Act applies in the circumstances described.
When not able to find full incapable answer myself I raise the following questions for other experts :-
The question is whether the divorce of a Muslim wife can be said to be complete if the letter of divorce (communication) is not received by her?
Can divorce happen in absentia without communication?
Whether communication of divorce in newspaper be treated as a valid communication?
Another question While a Muslim wife after receipt of Meher is no more entitled to maintenance whether or not the husband is exempted from tortious liability which is apparent from the described circumstances that the complainant is now a psychiatric patient which has harmed the quality of her life?
If the divorce has not been communicated can the offence of impersonation as ex-husband (while being existing husband) be made out in this case?
Raj Kumar Makkad
(Expert) 24 February 2012
Your marriage is still perfect. As the mehar has not been returned as on day and even talk as per Muslim law has been given so the talak is illegal in your case.
125 Criminal Procedure code is applicable in all States of India so invoke this section as well as DV Act so far as marital facilities are concerned but so far as marriage is concerned, you should get it challenged before court of law and should get it declared as null and void. You can file your petition before Family court.
Raj Kumar Makkad
(Expert) 24 February 2012
#Sudhir
Talaaq in its primitive sense means dismission. In its literal meaning, it means “setting free”, “letting loose”, or taking off any “ties or restraint”. In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law. The following verse is in support of the husband’s authority to pronounce unilateral divorce is often cited: “Men are maintainers of women, because Allah has made some of them to excel others and because they spend out of their property (on their maintenance and dower) . When the husband exercises his right to pronounce divorce, technically this is known as talaaq. The most remarkable feature of Muslim law of talaaq is that all the schools of the Sunnis and the Shias recognize it differing only in some details. In Muslim world, so widespread has been the talaaq that even the Imams practiced it . The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaaq; how he does it, when he does it, or in what he does it is not very essential. In Hannefa v. Pathummal, Khalid, J., termed this as “monstrosity” . Among the Sunnis, talaaq may be express, implied, contingent constructive or even delegated.
Nelofar
(Querist) 24 February 2012
Sir,
As per statement ,from some close relatives of my husband family they have written Talaq on the Stamp paper with the sign of two witnesses, & is signed by my husband.
Raj sir Mehar has been paid in full at the time of Nikka.Sir please elaborate this "Your marriage is still perfect. As the mehar has not been returned as on day and even talk as per Muslim law has been given so the talak is illegal in your case."
Sir i am in a state of confusion, because the court case may further increase the gap, so i not able to decide whether to go for court case r not.
As some elders from husbands town are saying to wait, as they are trying for reconciliation, please also suggest how much time i should wait as already 15 days have passed & I am in stress.
Shonee Kapoor
(Expert) 24 February 2012
Once the talaaq has been pronounced and it has been communicated, it is valid talaaq, the marriage is over.
Now only thing is remarriage, which can not happen without Halala or by Special Marriage Act.
You have right to maintenance, which can not be denied.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
