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MASTHAN (Self employeed)     28 September 2010

Divorce to a 498A muslim

Hi All,



We are planning to give divorce to our 498A woman. We belongs to Islamic community. So we are planning to give the divorce through Quazi.



Some people are telling that if she don't accept the divorce then she will contest the same in court and the divorce issued by the Quazi will become invalid.



Is it true?



As per my understanding of islamic law,



1. The quazi will try to compromise both the parties in three sittings (one month gap between each sitting).



2. If he fails even after 3 sitting and if one party is looking for divorce then he will issue the divorce.



3. or if the other party wont respond even after three notices then also Quazi will issue the divorce.



In my case, If the other party dont receive the notices even after three time, then I am planning to give a paper notice in two local news papers and still if the other party wont come infront of quazi then we will take the divorce from the Quazi.



Could you please correct me if I am wrong. If we take the divorce as per the above procedure, can she challenge the same in court?



BTW , from the last one and half year both parties got separated. After marriage she was only 10 days at her matrimonial home.









Thanks,

Masthan



-----------------

Thanks,

Masthan

*
   
 


 12 Replies

CommonMann (Software Professional)     28 September 2010

Masthan Boss,

it doesnot matter if you are a Hindu, Muslim, Sikh or Christian in India. Indian laws are above all the religious law. Take divorce legally only ie through court. If women has filed 498a, that means she is in court and you are also pulled into court legally. So better go for divorce through court only.

Cheers

Renuka Gupta ( Gender Researcher )     28 September 2010

And Mr. Mastan, mind your language. You can call her a woman who filed 498 A against you. or call her what you have called here, in the court, and you will know its consequence. 

Tajobsindia (Senior Partner )     28 September 2010

Originally posted by :Renuka Gupta
"
And Mr. Mastan, mind your language. You can call her a woman who filed 498 A against you. or call her what you have called here, in the court, and you will know its consequence. 
"


1. Yes, Mastan you should not be using such words towards a women no matter how much you and your family have grudge against the women in your life. Reason being this is a public platform and messages are viewed by professionals as well as general public and it leaves a bad taste………


To Admin. of LCI

If you want I can send by email a simple Jawa scriptt / code which needs to be embed in the shell software program and it will filter out words such as b*tch, whores, randi, prostitutes, s*x, s*x worker....... and what not members have used when they refer a wife as and/or may be refering a wife as / by new members in future. And after embedding this filter scriptt the message with above and other similar wordings will comes as xxxx simple and straight genuine help to clean the LCI forum of wombats.


However, to utilize my free coding skills you need to remove / ban Prabhakar a Advocate here who is the root cause of all these instigations. 

1 Like

aflatoon dash (health)     28 September 2010

lol tajobsIndia you never give up. I am reminded of chanakya the "kootnitagya"

Arup (UNEMPLOYED)     28 September 2010

MR MASTHAN,

YOU MAY HAVE GENUINE REASONS, BUT PUBLICLY YOU SHOULD SHOW RESPECT TO THAT FEMALE, WHO IS YOUR WIFE. NOT FOR SHE IS YOUR WIFE,  BUT FOR  SHE IS A PERSON.

1 Like

Arup (UNEMPLOYED)     28 September 2010

IF YOUR MARRIAGE HELD UNDER MOHAMEDAN LAW, YOU HAVE THE EVERY RIGHT TO TALAK HER UNDER MOHAMEDAN LAW. QUAZI IS ENOUGH. THIS 'TALAK' IS FULLY LAWFUL IN INDIA.

AN UNWANTED ADVICE - DO NOT THINK THAT AFTER TALAK, 498A CASE WILL AUTOMATICALLY ABOLISHED. IT WILL BE REMAINN THERE AND YOU HAVE TO GET IT SOLVED THROUGH COURT.

TALAK WILL HELP YOU A LITTLE BIT NOT MUCH IN 498A CASE.

MR HORA'S ADVICE IS UNDER WRONG IMPRESSION.

1 Like

Tajobsindia (Senior Partner )     28 September 2010

Originally posted by :aflatoon dash
"
lol tajobsIndia you never give up. I am reminded of chanakya the "kootnitagya"
"

 
 

Aflatoon dear I am answering in two ways to your mind benders and you take what you understand out of these gems okies.....


First way in: It seems now may be I recognize who you are. Positive or negative is this take J


Second way out: Don't we all want these grandiose honorifics removed once for all so that everything comes back to normal?  Positive or negative is this take J


Choice is all complimented graciously to “those harmonious members in LCI” thinking they prefer to stick to Point of Law discussions more often and for Social issues ‘Others’ Forum does exists in reality. 

aflatoon dash (health)     28 September 2010

tajobsIndia where do i stand.I wonder.

aflatoon dash (health)     28 September 2010

I am ahealth care professional.I have experience in some forensic cases due to which I got intrested in this forum.I in my clinical practice got associated with both men and woman as "abusers" or manipu;ators.Due to my training I Realized them in my near and dear ones as well.I am no expert in law.Thats not my area of expertize but due to my Training  I know  I can  help myself and innocent /vulnerable others.I wonder If I am at right place in lawyers club.

Tajobsindia (Senior Partner )     28 September 2010

Originally posted by :aflatoon dash
"
tajobsIndia where do i stand.I wonder.
"

Well recollect in every school English teacher used to ask miss- understanding translate it into Hindi now J


So that is where several of us are under - standing right now………

Tajobsindia (Senior Partner )     28 September 2010

Aflatoon dear


Thanks for letting us know your exposure and experiences. You are at the right forum / platform. Forensic science is one grey area under Family Law you know as well as I know this better and if nothing works I can place few very good scenarios to engage your experience and expertise productively, yes productively as knowledge should never go waste otherwise it is just becomes another phantom of the mind.  


However, choose which answers bracket you may place your wisdom into. Since both will be judged accordingly.


All the best as always.

aboobaker k p (taliparamba)     02 October 2010

Hi Mr. Masthan. You didn't revealed here the particular 498A woman is ur wife or not.I can understand ur anger againt this person becz of 498A. so u called her that 'woman' is not a wrong in my opinion.Under MOHAMMADEN LAW u can make TALAK at any time. If u say to her one time or two time that I MAKE YOU THALAK then it will be complete ur divorce.If u say three times,u cannot reunited with her unless she marry any other peson and divorce.I f u say one time or two times as same above ,if u will, u can remarry her again.  I f u make TALAK,u must give a Talak letter to ur kazhi aslo for evidence.


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