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Juned A Harrased (Learner)     28 September 2014

Ex parte divorce decree muslim

I am Muslim. My marriage was solemnized on 20 May 2009 according muslim customs. But crisis came accross when My wife said me that she was unwillingly married with me cause that she had boy friend. Denying to s*xual  relation for three week she want talak from me by saying that her boy friend is ready to marry her. She and  her boy  friend were talking on phone. So I gave her three times talak i.e. Irrecoverable talak infront of kazi of wakf board Aurangabad in the  presence of two witness by mentioning reason internal conflict and disobedience on 16 June 2014. Maher amount was given on marriage time. Iddat (Maintenance) amount for three months was sent by MO. with Legal Notice of Lawyer. But both ware  returned. One notice was also published in News Paper. And application is also forwarded to Mahila Takrar Nivaran Kendra for not giving her false complaints.

            Meanwhile her boy friend denied to keep his promise. So she and her family threatening  me and may family by saying me to get back her into your life. otherwise  of false 498 a and DV. They are now at CAW Cell. One month time is now to register 498a .

Please give me detail  guidance and what precaution can take.

1. Can I File Ex Parte Decree of Divorce. Whether my grounds are enough are not according to Dissolution of Muslim Marriage Act 1939. In this regard what can I do Better.

2. My working and living district is Jalna Aurangabad High Court Jurisdication. And she was living her father at Malkapur in Buldhana District that falls in Nagpur High Court Jurisdication. Please help me on Jurisdication Issue. Case Transfer. And where should I file for Divorce Decree.

3. I have her recording  in my cellphone that she confess every thing about her past life and she want talak which I recorded on 16 June 2014 on divorce day. Whether It will be a evidence for my defense as her Cruelty in both Criminal and Civil i. e. 498 and divorce case.

4. Help me about my second marriage.

5. I have son of of three years. presently he is with her. What about him.

6. Tell me that applying for divorce decree will be beneficial for me. Or that should I wait for 498 a.

Please give me details guideline for my defense sequence that which step be should be taken by me firstly. And also guide me about Lawyer Selection 


 4 Replies

ROHIT SHARMA (Legal Advisor )     28 September 2014

1. You have already given her divorce (talaq) as per the Muslim Personal Laws and your marriage is dissolved legally and lawfully. So there is no need to file petition of divorce in civil court nor will such petition entertained as the court would abstain to interfere with Muslim Personal Laws.

2. Since you have legally divorced her then even if she files any criminal complaint it will not survive. 

Juned A Harrased (Learner)     28 September 2014

Remaining Queries of Earlier Post

And also guide me about Lawyer Selection, Quashing of FIR and its grounds,

 Issue of Case Transfer, and Anticipatory and regular Bail and theirs grounds,

Arresting procedure under section of CrPC 41 in the lights of Supreme Court’s earlier Decision.

I am clerk in private school which is funded and recognized by state government. Being arrest may be problem me and for my job security and stability.  What will be appropriate and estimated cost for divorce decree.

Please tell me in this regards.

Thanks with Warms.

Awaiting for your positive response.

Juned A Harrased (Learner)     28 September 2014

So Many Thank Rohit Sharma Sir. From the bottom of My heart

K S Ahmad   06 April 2023

Still you can file a declatory suit and get divorce under section 2 of the Muslim Marriage Dissolution Act.

Whether 3 Talaq were pronounced at the same time or after intervals as per the Talq-ul-Ahsan.

You have to prove and place facts and evidence in the court for criminal proceeding against you.

You can get protected by anticipatory bail.

By Khwaja Shamshad Ahmad

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