Talaq
Querist :
Anonymous
(Querist) 07 December 2009
This query is : Resolved
My husband sent talaq notice to me from abroad in registered mail three times with one month interval. Also he sent copies to his father and my uncle for witnessing. Both of them accept the letters but I returned it to him. We were try to solve this issue. But he is adamant in his decision. Now I am in my home. Because he sent me back to my home before four months of divorce. We are Sunni Muslims.
1)Is this talaq valid?
2)I am financially sound than husband. Can I get maintenance from him?
3)What else can I do?
Khaleel Ahmed
(Expert) 07 December 2009
You are advised hereby that,
In answer to your first question, Talaq nama sent by your husband constitute valid talaq.Whether you receive the Talaq Nama or not.
In answer to your second question. You can get maintenance for the period of Iddat.There is a specific provision in The Muslim Women (Protection of Rights on Divorce) Act 1986 .
In answer to your third question. You wanted to rejoin your ex husband. The HALALA should be performed over you. That means you have to marry another man, if the second man pronounce divorce to you, then you can marry with your ex husband again with new terms of dower amount.
adv. rajeev ( rajoo )
(Expert) 07 December 2009
In Mohd., Law marriage is a contract. So talaq sent by your husband is valid.
For other questions i agree with learned member Khaleel.
Raj Kumar Makkad
(Expert) 07 December 2009
I agree with Khaleel but one matter reamins to know whether mehar has been returned or not?
Khaleel what shall happen, if the mehar amount (agreed dower) has not been returned by husband to his wife?
joyce
(Expert) 07 December 2009
well anwered by mr khaleel, i adopt his reply to u, even other experts have tried to cover the topic by their good advices.
N RAMESH.
(Expert) 07 December 2009
If i am correct, you can claim maintenance even after iddat period, under section 125 Cr.P.C, till you remarry. (shabano case)
Khaleel Ahmed
(Expert) 08 December 2009
Dear Mr. Raj Kumar,
If the meher amount not paid by the husband, if the Jahez articles also not returned in good condition. The divorcee can file MP.under the same law he Muslim Women (Protection of Rights on Divorce) Act 1986 .
