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Ahmed (Private)     10 September 2012

Need advise

I am 40 Years old sunni muslim from India. I got married to a sunni  muslim girl in sunni muslim way in 2004. I was working in Gulf country when i was married. After marriage my wife was in India for 1 year and after that she joined me in the gulf country, by that time we had a daughter. She stayed with me for one year and she deserted me (left me) with information. She went back to India and stayed in her mothers house. she started working in India with monthly salary of 15,000 Rupees While with me in gulf she was always fighting with me and she didnt wanted me to look after my old parents and send them money. She deserted me in 2005. Then i waited 2 years and kept on asking her to join me.  I visited many times to India to bring her back. Even my parents and relatives tried to patch our relationship. But that didnt work out, and she refused to join me. Then after two years i sent her one talaq notice and maintainace money for iddat period. She did not reply anything to this notice. She took money and kept quite. 2nd month i send another talaq notice and the maintainance money. Again she took the notice and money and still no answer. Then 3rd month i send another talaq notice and money. again no reply. Then finally i sent her the final talak notice with 4 witnesses signed on the notice,  and also i sent a copy of the same notice to Jamayat (Community elders) where my marriage was solomonised.

After she got the final talaq she filed a case of neglience and maintainace for her and my daughter, in family court in India and SHE DOESNT ACCECPT THE TALAQ. The case went on for 2 years and finally the Family court dismissed the petition filed by her for maintainace because. Meanwhile i also shifted back to India and settled here. The reason the court dismissed the case because she had filed case for maintainace. and she was working and can maintain herself. Till now she claims that she has not accected the talaq and she is still my wife.

I want some guidance form you. Is my talaq valid or not. i gave it in three consutive months with maintainance money for Iddat period. 

 If she doesnt accecpt the Talaq, then what have i to do to give Talaq to her or take divorce from her. The courts in India are not allowing a muslims to file for the divorce.

Kindly guide me, i am going through hell.



Learning

 2 Replies

Md Zaryab J Rizvi (Principal Partner)     12 September 2012

Wish to respond. But unluckily have to board my flight. Hope to respond soon.

 

Zaryab Rizvi

09999784700

Ahmed (Private)     16 October 2012

Dear All

Can anyone please guide me through my difficult time. Can aonyone plz suggest a solution for my queiry asked above.

 

Thanks


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