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ahmed ali (engineer)     09 December 2014

Divorce reconcilliation

Sir..I have given triple talaaq through mobile message 1 year ago.I have told the reason of divorce to the twoTop most islamic institution of India.Both have given same FATWA and saying that Divorce is not occured in my case.Setuation and matter at the time of divorce is such that it goes a special category of Talaaq.Hence Talaaq is not happened, islamically and both of us are still husband and wife.

But wife is not ready to come in my house.I have 2 year child, and since 1 year, her father is not allowing me to see or meet my children with me.

1.Is there any law in indian court which cancell the divorce, and reconcilliate the matter, so that I get my wife and child again.

2.Is Fatwa has any legal power in indian court.Can i atttach the copy of Fatwa in Indian court.

3.How to get 2 year child custody. if point no 1 is failed.

4.How to save myself from 498,and 125, because wife is saying that if you will try to get child custody or demand visitation right ,then be ready for false cases and maintenance.



 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 December 2014

Personal laws ought to be administered by the regular law courts and cannot be enforced in derogation of fundamental rights by religious courts that lack legal sanctity. This is the broad import of the Supreme Court’s thoughtful ruling on the legality of Dar-ul-Qazas, or Sharia-based courts, established in different parts of the country to adjudicate disputes among Muslims. Fatwas issued by Sharia courts are not legally binding on individuals averse to submitting to their authority, the Court has ruled.

ahmed ali (engineer)     09 December 2014

sir.....Fatwa is not binding to anyone.......but is court consider its contents during judgement.........can i attach the copy of Fatwa in court........is there any chance to get advantage ........if logically Fatwa is saying right thing................................

and what is for my point 1, point2, point3,point4..................in indian judicial system....

ahmed ali (engineer)     09 December 2014

is there any one who can suggest me on my above 4 problems..............I am in a very trouble setuation......................

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

First of all tell me the meaning of Indian court because you have used this word 'Indian Court' three times in your first.  If you insist on this so much, do you not belong to India or are you not an Indian?, you could have simply mentioned it as court instead of insisting Indian court.

Though I know the answer to your query, I refrain from giving my reply or opinion to your query until you give an explanation to my observation.  I know that we are all Indians and should be proud of our country.

ahmed ali (engineer)     12 December 2014

sir...i have used Indian court because there is also a Sharii court in which I can challenge divorce given by me through mobile messsage and speed post simultaneously....and there i can win certainly because Fatwa is there which explained why divorce is not happened in my case.

But wife have right to not binding the Fatwa and sharii court decision.That is why I ask Indian legal court.

By the way sir please guide me on my above 4 points.

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