single talaq and proposal for remarriage of husband
Querist :
Anonymous
(Querist) 23 March 2019
This query is : Resolved
Faizal Hasan, a charming lad of 17 yrs. is the beloved and only son of Mr. Mustafa Hasan, Corporator and a popular social activist. Faizal Hasan with academic brilliance opted for admission into five years Law Course in Radiant Legal Studies & Research, Nyayapura during 2001-2002.
Ms. Revathy also joined the First year of 5 yrs. LL.B. in the same institute and she hails from a traditional Hindu family, well versed in oratory and debating skills,.
2. Faizal displayed his glorious academic achievements throughout his five years of legal academics, bagged much coveted prizes in various national and international competitions organized by various law universities.
Ms. Revathy brought laurels to her institute as social activist attending to the problems of women, children, specially-abled and hapless destitute and aged people.
3. Faizal Hasan and Revathy got infatuated by each other and decided to work together both in legal profession and life. Parents on both sides refused the proposal of Faizal Hasan and Revathy to get married on the grounds of religion and faith. However, Faizal Hasan and Revathy got married before the District Registrar of Marriages, Nyayapura on 20th. September 2007, with the cooperation and support of their friends and colleagues.
4. Faizal commands Corporate and Company law matters and Revathy in matters of Family Law, law relating to women and children.
5. As things stood thus, parents of Mr. Faizal invited Faizal and Revathy to join their family and stay with them, and accordingly they moved to the house of Mrs. & Mr. Mustafa Hasan during September 2009, and have been living happily.
6. Revathy, being enthralled by the love and affection of her in-laws, voluntarily embraced Islam on 15-10-2012, got her name changed to Mumtaz Hasan. Thereafter, Faizal and Mumtaz are blessed with a son on 6-9-2013.
7. Both Faizal and Revathy@ Mumtaz Hasan have been busy with their roaring practice in their respective fields of law, and Mumtaz became more and more popular and busy with the cases of divorced women, and the children of broken marriages, matters of succession, maintenance rights etc. She became active member in many Women organizations like Saheli, Suraksha, and Swasakti. In view of the nature of work, she became more popular among women of minority communities and backward classes but eventually submitted to the displeasure of male persons of the said communities.
8. Some sections of minority community brought pressure on Mr. Mustafa Hasan to desist Mumtaz from taking cases involving fundamental principles of Islam i.e. divorce, maintenance and property rights etc. Mumtaz was subjected to heavy pressure by her in-laws to abide by the sentiments of minority community. Despite good intentions and kind hearts, the love and affection of Mr. and Mrs. Mustafa Hasan, and Faizal towards Mumtaz had a severe dent on account of severe criticism of prominent minority leaders.
9. Even Faizal also supported his parents, started dictating terms and pressured Mumtaz to withdraw herself from all Women organizations. When Mumtaz clearly explained her intention to continue, Mr. Faizal Hasan uttered Single Talaq on February 12, 2016, and left her to undergo Iddat. He further deposited Iddat maintenance Rs.1,50,000/- in the account of Mumtaz. Mumtaz return back the amount to Faizal and left her matrimonial home along with her son.
10. Subsequently, Faizal�s parents have been persuading him to go for second marriage since he has divorced his wife. Faizal consented to oblige his parents wish to get married and the second marriage is fixed and proposed to be held on 25-03-2016.
11. Having come to know of the trials of Second marriage of Faizal Hasan, Mumtaz aggrieved by the injustice meted out to her, challenged the validity of Talaq pronounced by her husband and also sought for injunction to restrain him from contracting second marriage before the Family Court of Nyayapura. The Family Court of Nyayapura initially granted ad-interim order restraining the proposed marriage of respondent-Faizal. The Family Court finally dismissed the petition filed by Mumtaz after trial.
12. Aggrieved by the order of the Family Court, Mumtaz filed an appeal before the High Court of Nyayapura challenging the validity of talaq pronounced by her husband, and also sought for the legality on the conflict of laws involved in this case.
SIR CAN HE FIX REMARRIAGE NOT COMPLETING THE PERIOD OF IDDAT AND CAN HE DIVORCE BY UTTERING ONLY SINGLE TALAQ
Querist :
Anonymous
(Querist) 23 March 2019
sir here is it talaq ahsan or talaq e biddat as single talaq if talaq e ahsan should husband wait for 90 days not remarrying
can she also claim maintenance after iddat period also
Guest
(Expert) 23 March 2019
If Triple Talaq is Cmpleted there could be no more qusetion.
Querist :
Anonymous
(Querist) 23 March 2019
sir can a man utter talaq once and divorce his wife under talaq ahsan
does he need to pronounce it thrice
sir can he immediately remarry after pronouncing single talaq
Guest
(Expert) 23 March 2019
As per Muslim Law the Triple Talaq has to be completed.
Dr J C Vashista
(Expert) 24 March 2019
Prima facie it is a moot court topic, isn't it?
