Special marriage act, nikaah and talaq
4WhatIsRight
(Querist) 28 September 2012
This query is : Resolved
one of my muslim friend married a hindu girl in 1997, under special marriage act.
in 1999 after a heated argument my friend divorced his wife by saying TALAQ thrice and destroyed the marriage certificate.
after some counselling by friends and well wishers both agreed to reunite.
they again married under special marriage act got a new marriage certificate, followed by nikaah.
now in 2012 after lot of rethinking both have decided to go for divorce / dissolution of marriage/nikaah.
now will saying talaq thrice will amount to divorce or what procedure they need to go thru to get divorce.
Sudhir Kumar, Advocate
(Expert) 29 September 2012
answer is in your questin itself. please see if this marrige is under Spl Marraige Act and if there isdivoce procedure therein. triple talaw will not apply here.
Guest
(Expert) 29 September 2012
Destruction of marriage certificate or pronouncement of talaq three times ahave no relevance if marriage was ceremonised under the provisions of Special Marriage Act. If decided again for talaq, they may file application for mutual divorce in the court of law.
4WhatIsRight
(Querist) 29 September 2012
Sir,
My friends shall seek divorce for which marriage?
they have destroyed the first marriage certificate and have no reference document with them.
Will seeking divorce for second (re-marriage) be good enough.
Sudhir Kumar, Advocate
(Expert) 29 September 2012
It appears to be your query uising as friend.
You have to realise.
Marriage was not under Islamic Law. So tha marriage has not dissolved by saying triple Talaq you are confused.
There is no provision under Spl Marriage Act that husband (even if muslim) can dissove the marriage merely by destroying marraiage certificate. Not even if he is able to blast the registrar office and destroyer their records.
So now coming to so called Nikah. The girl was a hindu one and nikah is not tenable. There is no question of a hindu woman having a lawful second marriage without dissolving the earlier marriage, even if with same husband.
Please be advised not to play Ghar-Ghar like below 10 children.
If they have to go for divoce it is for only first marriage because the divorce nevr happened and second marriage never happened.
Raj Kumar Makkad
(Expert) 30 September 2012
You have already been advised properly at the site www.lawexpertsindia.com so refer to that reply for the sake of repetition.
4WhatIsRight
(Querist) 30 September 2012
Raj sir,
i acknowledge receiving your reply at lawexpertsindia.com.
thank you.
Manjeet kumar sahu
(Expert) 01 October 2012
I think they should approach the court by filing petition under section 28 of special marriage Act,1954. i.e Divorce by mutual consent.
