Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Naim (Clerk)     11 August 2012

File divorce or wait

Dear Law Experts,

First Wife filled 498a and latter DV.

Latter Husband send Talaq issued by Quazi.

Wife rejected by sending reply that it is illegal.

Then Husband had second marriage. cases still going on in court.

What should i do now, Shall i go for Filling Divorce in court?

what are my option...shall i just keep quite or what will be the safe option in this scnerio.

Please give ur expert opinion.

Naim



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 August 2012

In this case one needs to see the talaqnama and reply sent by the wife to the same. Just because wife says it is illegal won't make it illegal. In Islam husband's power to divorce is unfettered by the willingness of the wife to the same. If talaqnama is correct islamically and has been served (which is clear since she has replied) talaq is co mplete if it is a talaq ul biddat.

Consult a local advocate proficient in Law of Shariat. 

Anish Thakur 7018812737 (advocate)     11 August 2012

dear naim,

i agreed to my colegue on your problem and want to add one thing more that you have pay back the amount of dehar to her after that talaq will deems as accepted and complete.feel free to call

Rajan Bhasin (Law Student)     12 August 2012

I agree with both the advice's given above Regards Rajan Bhasin +91-9910571733

Naim (Clerk)     12 August 2012

Thx Adv. Bharat & Anis Sir

But in all the cases it is said that she is my legally wedded wife, 

What should i do now, according to sharia she is divorced but law says she is still my legally wedded wife.

what should i do to protect the interest of my second wife?

Naim


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