Whether or not to withdraw rcr and file for talaq/divorce
Querist :
Anonymous
(Querist) 14 June 2018
This query is : Resolved
Sir, I have been married in 2015...and the bride hardly stayed for about 2-3 months...her father's frequent involvement in my marriage issues has widened the gap to such an extent that she used to frequently visit her parents house and now in the disguise of delivery for child has stayed back for nearly 3 years and for returning back is laying condition that I should take separate residence and fulfill all her demands...I approached qazi and masjid community people to involve and settle amicably ..upon failure I resorted to put rcr by advise of qazi as my father in law threatened qazi..and masjid people......she retaliated rcr with 498a and 125crpc..iam having 2 yrs daughter for which she never let me allow to get closer..... now .rcr case is now about 6 months old...I am just like married bachelor...I want to get rid of this...my question is whether I can file for divorce /talaq after withdrawing rcr at this stage.as I do not find rcr useful at this stage........my trial of 125 is already begun.....pls help me...and advise me....it's been more than 3 years of suffering..my sisters marriage proposal is at stake...
Guest
(Expert) 14 June 2018
The Supreme Court had already declared the triple Talaq is not integral to religious practice and violates constitutional morality.
Guest
(Expert) 14 June 2018
You should apply for Divorce only.
Guest
(Expert) 14 June 2018
Basing on your query it is better to discuss with your wife in a pleasant and peaceful manner with the help of Seniors and Elders respected by both the Families and convince your wife for Mutual Consent Divorce which could be completed in 6 month time.
Ms.Usha Kapoor
(Expert) 14 June 2018
I agree with Raj kumar alias Narasimha.
Querist :
Anonymous
(Querist) 14 June 2018
Sir, we have faced lot of ignominy and I'll treatment because of marriage in our society and whether it is possible to give talaq e Hasan,or Ehsan without withdrawing rcr case...or should I withdraw rcr and then proceed with above step...kindly explain
Guest
(Expert) 14 June 2018
First try to have an amicable discussion with your wife as advised and try to convince her for Mutual Consent Divorce.
Vijay Raj Mahajan
(Expert) 14 June 2018
As a Muslim, married according to Muslim form of marriage, you can get divorce only as per Muslim Shariat law.
All those advising you for going for RCR or divorce through Family Court have absolutely no knowledge of Marriage and divorce law concerning Muslims.
Family Court has jurisdiction to entertain divorce petition filled by Muslim wife against her husband under the Muslim Marriage Dissolution Act,1939.
The Supreme Court has no doubt held taking divorce by Muslim man through triple talaq as invalid, what it is actually that no one understands.
That is giving triple talaq in one go that is without waiting for period of one month after each call of talaq and total waiting of 3 months before finalizing the process is invalid.
But if previous Supreme Court case law applicable to Muslim is followed the divorce according to Muslim Shariat law will be valid.
You contact local quazi for the divorce proceedings according to Shariat.
Querist :
Anonymous
(Querist) 14 June 2018
Thanks for your generous advise Sir, but a query is that no doubt I have filed rcr, but situations have turned drastic now,,, what will happen to my rcr case, if I file divorce according to shariat now, will I be questioned of rcr, in other cases of 498a and maintenance cases, later by my wife lawyer....pls advise whether to retain or withdraw rcr before I take any step as I am govt servant ...hope u understand
Guest
(Expert) 14 June 2018
The Supreme Court had banned the controversial practice of Instant divorce as arbitrary and unconstitutional. That too while 498 A cases and Maintenance Cases and other cases were pending if you attempt for Talaq it could be an additional offence. ..
Vijay Raj Mahajan
(Expert) 14 June 2018
Section 498a IPC complaint continues even if you're able to obtain divorce from your wife as that is independent State criminal complaint, nothing to do with your divorce case. If you're found guilty of offence you get convicted otherwise get acquitted.
Vijay Raj Mahajan
(Expert) 14 June 2018
As told you, the RCR case filled is absolutely foolish decision taken without understanding the law. Better withdraw it and fight out other cases filled by your wife. Maintenance case will go in her favour if she's unemployed and has no source of income. As informed other criminal complaint decided on the basis of evidence produced and that prove you guilty of the offenses for which are charged.
Ms.Usha Kapoor
(Expert) 15 June 2018
First try to solve amicably failing which try for Mutual cnsent Divorce.
adv. rajeev ( rajoo )
(Expert) 14 June 2018
