Talaq muslim personal law
anil Kumar
(Querist) 29 March 2015
This query is : Resolved
Dear Experts
Im muslim married a christian girl in 2011 in nikah purely.she reverted to islam prior to marriage.we had kid of 2 yrs old.
We had several counsellings by elders also in police stations,finally in In 2014 october we quarelled and seperated. I moved to other state and working.she is a govt employe.she is working&,staying wd her parents.
Now she is calling me and asking to settle matter.i told fr reconcillation &askd her to come to banglore.she rejected and she abused me wd vulgar language,&she said she will file complaint in ps and she told she will make police to break my bones.
truely spking she is very arrogant and worst lady never seen in my life such sort of lady.
Im afraid and I consulted lawyer he told to send triple talaq wd two witness .
So
my question is
If I send talaq like that it will be valid??
Second how can I come out if she files sc st atrocity or dv or 498.
Can shefile the above cases after talaq...and I hv my own house in my statee and its near to her so is there any possiblity fr her to occupy the house which was earned by my father and now no one is living in that house.and I asked quazi he said u can send from lawyer its valid and bring that ill gv certificate like that he said.
Plsur valuable advices as iam.in pressure
Sudhir Kumar, Advocate
(Expert) 29 March 2015
If I send talaq like that it will be valid??
YES.
Second how can I come out if she files sc st atrocity or dv or 498.
LIKE ANY ACCUSED IN THESE CASES DEFENDS YOU HAVE TO DEFEND YOURSELF AND ENTIRE FAMILY
Can shefile the above cases after talaq...
YES
and I hv my own house in my statee and its near to her so is there any possiblity fr her to occupy the house which was earned by my father and now no one is living in that house.
AS LONG AS SHE IS YOUR WIFE SHE HAS A RIGHT TO LIVE IN ANY PROPERTY OWNED BY YOU.
Dr J C Vashista
(Expert) 29 March 2015
@ameer,
What and how much do you save in using SMS language and putting the experts in trouble to understand your query to help you out "FREE OF COST"?
Otherwise I fully agree with expert advise of Mr. Sudhir Kumar.
anil Kumar
(Querist) 29 March 2015
After talaq does she have the rights to occupy my house.
Iam sorry sir @,Jc vasishta
Its my pain sir thats why I posted like that
This platform helped me a lot as in india legal opinions are very much differs so here experts are giving correct answers.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 March 2015
1) As you say you are muslim and she was not so first you have to prove legal conversion far which you may not have any records.
2) Muslim talaq can be contested in courts for its legality.
3) And still the courts are liberal in giving proper relief to woman in all such cases.
So do not remain in over confidence and sleep that you have got proper advice since there will be advocates also giving proper advice to other side.
Better settle the matter amicably.
ajay sethi
(Expert) 29 March 2015
1) for talaq to be valid it is should be preceded by efforts of reconciliation .
2) talaq should be pronounced in presence of 2 witnesses
3) talaqnama should be sent to wife by registered post and must mention reasons for divorce .
4) for valid divorce there must be concrete reasons for divorce, settlement of mehr (money given by the husband before marriage), maintenance during iddat (the three months of abstinence after divorce) and return of the wife's belongings
ajay sethi
(Expert) 29 March 2015
your wife can challenge talaq if no reasons mentioned for divorce . you will in such case have to lead evidence to show that talaq was given to her in presence of witnesses and her meher amount returned .
Devajyoti Barman
(Expert) 29 March 2015
Unless talq is set aside by the competent civil court the same is considered to be valid and in that context no 498A OR DV Case lies.
Sudhir Kumar, Advocate
(Expert) 29 March 2015
you have stated nothing regarding Mehar and maintenance of children.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 March 2015
1) Firstly the party have to prove that the marriage was a muslim marriage there after the question of legal talaq will come.Since the wife was chritian as he says.
2) Wife can always claim illegal talaq so it is the husband who has to prove in court that the talaq was legal.
3) Even thereafter recent SC has granted hefty reliefs and even CRPC 125 for muslim woman.
anil Kumar
(Querist) 30 March 2015
She converted to islam prior to marriage
And marriage was solemnised as per muslim process called nikah.
So my doubt is if I send triple talaq wd 2 witness will the marriage gets dissolved? And than can she have right to file cases against me?
Biswanath Roy
(Expert) 31 March 2015
Do you want to jump from frying pan to fire? If not, settle the matter amicably and counsel your wife taking help of a Psychiatrist and live happily looking after the future of your baby whom you as a father brought on this earth.
anil Kumar
(Querist) 31 March 2015
Its not the solution Mr.roy.
She abuses me with filthy language
And horrible arrogancy
I cant stay wd her.
So atlast I came to dis decision.
Pls advice as per my quiery.
T. Kalaiselvan, Advocate
(Expert) 02 April 2015
I agree to the views and opinions of expert Mr. Ajay Sethi. A Triple Talaaq pronounced before two witnesses is held valid in law as per Muslim Personal law and court cannot interfere in it especially when the latest conditions observed and imposed by Supreme court in this regard has been complied with and observed properly.
As far as SC ST act, once she was a Christian, the provisions of said act will not attract, further she converted into Muslim before her marriage hence the provisions may not apply, however she can resort to complaint u/s 498a and also DV act, she may even apply for maintenance u/s 125 Cr.p.c. Theses things have to challenged accordingly. So be prepared for that.
anil Kumar
(Querist) 05 April 2015
Thank u very much
Its good platform
