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Harrassed (accountant)     13 October 2012

Cases after divorce to muslim woman

Hi Experts,

My wife is staying with her parents for last 8 months.Not coming back because her demand is to get new home for her in her name.she already given me too much mental cruelty,i have proofs with me.No chances of improvement.

Now i want to divorce her,My questions is what are the cases she can file against me,if i sent tripple talaq to her.




 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 October 2012

498A dowry harassment, DV Act, maintenance, etc., she can file criminal cases

Anis (Asst. Manager - Sales)     13 October 2012

First try fror reconcilation with one arbitrator from your side and one from her side. Try to record the reconcilation process. If that fails only then give Triple Talaq in writing and send it via email, registered ad and sms if possible. Consult a lawyer and put in newspaper. For talaq to be effective it has to be communicated to the wife. Get it served on her through an advocate. Effort of reconcilation is important as if that does not take place then the court may declare your triple talaq as invalid.

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Harrassed (accountant)     13 October 2012

But if she is not staying with me from last 8 months how can she file DV case against me and after divorce how will she file i read somewhere on this site.All mediation is done but they turned down decision after 1 week,so no chances of improvement.

stanley (Freedom)     13 October 2012

Its is not necessary that she has to stay with you . Prior to the 8 months even if she has stayed with you for say 2 days a week or a month she can file the cases as stated by Mr Rajeev .In DV she can park herself on your lap kiss even though she has no affection or love for you and you cant through her out of your house  :).

Now do one thing............ is the house on you your name than transfer it to your mothers name . Empty all your bank accounts . When she files case get hysterical and say you are a beggar you dont have money . If possible strip down to your underwear and tell your wife i dont even have clothes to wear and what maintanence , residence are you asking for :)

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Adv.R.P.Chugh (Advocate/Legal Consultant (     13 October 2012

In Islam the husand is given the power to divorce unilaterally. Once you give her talaq, which may be in ahsan, hasan or biddat (triple talaq) forms. She can try implicate you in 498a/406/DV Act cases. It is advisable to give her talaq in ahsan form which is the most approved form as per law of Shariat. I'd explain the process : 

Ahsan - most approved form of talaq – most honourable & fair – with ample opportunity for reconciliation – least hardships to woman

Procedure :-In period of tuhr (period of purity) at that time during her mensuration cycles – when she is capable of begetting a child – first pronouncement of Talaq – intention should be manifest – thereafter abstain from s*xual intercourse for 2 more tuhrs -Period of iddat commences right after first pronouncement – Talaq becomes Final at the end of 3rd tuhr provided husband has not cohabited in this period. (VR also applicable) Iddat is co-terminus with 3rd Tuhr – revocable during iddat. She need not maintain anymore iddat.

On how to fight a false 498a - if you apprehend that this may happen to you - you may start by sending some protective intimations that would greatly mitigate the force of a false case against you. 


Read :



Bharat Chugh

Advocate Supreme Court of India

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