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Divorce

(Querist) 24 December 2011 This query is : Resolved 
i m muslim n my wife challenges my triple talaak because there were no witnesses when i said...now she has filed maintenance case against me ...i want to know that can i say 3 talaaks in the court if she challenges there or i hav file divorce case by legal way.. by muslim personal law how can i divorce her ??
wht to do in such situation...
V R SHROFF (Expert) 24 December 2011
Contact your Mulla, in Masjid, and complete the Procedure.
adv. rajeev ( rajoo ) (Expert) 24 December 2011
contest the cst on the ground of talaq already given.
adv. rajeev ( rajoo ) (Expert) 24 December 2011
contest the case.
N.K.Assumi (Expert) 24 December 2011
Although abominable in practice, Muslim husband enjoy the privilege of being able to discard his wife whenever he chooses to do so,like releasing an animal, and even in the absence of the wife, for reason good,bad or indifferent and for no reason at all.But you must give her maintenance to keep her body and soul together if she is unable to maintain herself.
Sudhir Kumar, Advocate (Expert) 24 December 2011
The procedure of triple talaq varies accordinlg to shia and sunni believes. You hve not speficied what you are. I will diagree with Mr Assummi, you are under no obligation to pay maintenance if you have paid mehar. However Mr Assummi's suggestion can be tken as a humanitarian measure.
prabhakar singh (Expert) 25 December 2011
uttering thrice " talaq talaq talaq" is valid if communication is proved.
Shailesh Kr. Shah (Expert) 25 December 2011
In Sunni,witness is not required.
and In Siya, witness is required.
Shonee Kapoor (Expert) 26 December 2011
Maintenance claims can not be defeated of Muslim women even on divorce, read Daniel Lattifi and Shabana Bano judgements of Hon'ble Supreme Court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Dr V. Nageswara Rao (Expert) 28 December 2011
1. As per Quran, talaq must be rponounced in three consecutive lunar months and not in one go.All Muslims must read the Quran carefully.
2. Even if you say talaq thrice on one day, it must be treated as one talaq only.
3.So, there is a wide gap beteen Quran and what is actually practised.
4.Maintenenace of wife after valid divorce is to be given for the iddat period or till the delivery if she is pregnant.
5.What Justice Krishna Iyer called as "instant talaq"---triple talaq on one day-- is a bad practice not sanctioned by Quran.
Devajyoti Barman (Expert) 28 December 2011
Dear Mr Sudhir Kumar, the divorced Muslim woman is very much entitled to maintenance u/s 125 crpc,
Yes you should now go the Qazi and complete the procedure and obtain the Talaqnama from the Quazi.


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