Guidence about legal value of first talaq
Guest
(Querist) 06 May 2014
This query is : Resolved
Dear Expert ,
I belong to Sunni Muslim family of Punjab. Over a dispute my wife left my house
on 29-01-14.For settlement of dispute I filed my case in Amarte-E-Sharia Punjab. On 5-04-2014 Amart-E-Sharia Punjab tried to settle the matter but she is reluctant not to settle. She is admanant to file various cases to teach me a Lesson. In order to save my self from various cases I gave him first talaq on Rs. 500/-Affidavit attested by Notary Public & sent by Registered Post without Mehr money which will be paid to her at the time of final talaq. Pls guide me following.
1. Whether first Talaq attested by notary public is valid
2. What cases she can filed against me after first talaq
3. If she refuse to accept the first talaq sent by post then talaq is valid & what are the next steps I should taken
4. How can I save myself from these cases and unnecessary harassment .
ROHIT SHARMA
(Expert) 06 May 2014
Dear Mr. Javed Afzal,
1. Under Muslim Personal Law, you have lawfully served upon her a talaknama but this should have been served to her in presence of a witness or her father and this lack of act may deprive this talkanam of its legality. You can again have this talaknama copy forwarded to her by a kazi.
2. You should at the earliest give her the dower (Mehar).
3. Now that you have served her a talaknama your marriage with her has been legally and lawfully dissolved as per the Muslim Personal Law she cannot now file any cases of Domestic Violence or maintenance etc in the near future.
4. If need be have a phone consulting with this lawyer.
Adv. Rohit sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
A talak can be effected in one of the following modes at the instance of the husband only.
1) Talak-us-Sunnat - It means talak as sanctioned by the sunnat or traditions or customary talak. It is of two kinds:
i) Talak-Ahsan: It is a single prononcement of divorce made during teh period between two menstruations (tuhrs) followed by absistenance from sexual intercourse during the period of iddat.
ii) Talak-hasan: this consists of three pronouncements made during successive tuhrs, that is the period between menstruations and no intercourse taking place during any of these tuhrs.
2) Talka ul biddat or tak-i-badi - This is an irrevocable talak and consists of one of the two following modes:
a) It may consists of three pronouncements of talak, i.e. divorce made during a single tuhr in one sentence (For example - I divorce thee - thrice) or it may be three separate sentences (For example - I divorce thee, I divorce thee, I divorce thee).
b) It may also consist of a single pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage (for example - I divorce thee irrevocably),
3) Talak-ul-Tafweez (Talak by by delegation of power by her husband)
Besides, Talak may be either oral or in writing by a document called Talaknama. The words uttered in a talak must be unambiguous and must indicate an intention to dissolve the marriage.
If the talaknama is in customary and manifest form, it takes immediate effect although communication is necessary for the purpose of dower or maintenance. If the talaknama is in an unusual form the intention must be proved.
In view of the Fatwa of Majlis of Jamiat Ahle Hadith, a Mohamedan husband is not permitted to divorce his wife at his sweet will.
Hope the the procedure for Talak is clear now, how do you compare your action for talak with the procedure for the same has been given above? What do you mean by first talak ?, As per Muslim personal law, the wife has no option to refuse or reject the pronouncements of talak by her husband (?),
provoked over your action to divorce her, she may initiate legal action with the help of women friendly laws namely DV, 498a, 125 Cr.P.C., you may obtain anticipatory bail in case she lodges complaint with the police u/s 498a of IPC.
Guest
(Querist) 13 May 2014
On enquiry from the post office We have come to know that the registered letter of talaqnama is not being received by the addressee as the post man knowingly delaying its delievery by reporting as unlocked house and have kept the letter in the main post office with malafied intention.My question is as follow
1. What will be the status of talaq being undelievered uptil now as the other party have approached women cell to file a case of dowry and domestic violence.Today we also attended the women cell and submitted copy of Talaqnama & other objections but she refused to accept the copy of talaqnama
Rajendra K Goyal
(Expert) 14 May 2014
repeated at:
http://www.lawyersclubindia.com/experts/Jurisdiction-of-women-cell-to-try-the-case-after-first-talaq-under-muslim-law--472076.asp
