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Abdul Basit (Block Officer)     21 April 2012

Mpl and contingent divorce

Ab. Ahad  on 4-8-2009 pronounced divorce to his wife (Reshma) in presence of neighbours in these words:- " if she goes to any house in the colony without my permission, that is TALAQ on her." She disregarded saying " MY Foot" and made it a regular practice to visit several neighbour's houses ( near and far ) from the very next day. The Qazi of the local Shariah Court was approached and he decreed in writing and then verbally also in his court chamber in  presence of both the parties and the  witnesses from the locality, during his hearing of the case that divorce had occurred as per Islamic Law ( Hanafi ) and since the period of Probation (three Menstrual cycles) had ended, the Talaq had become irrevocable, but since it was not a TRIPPLE TALAQ, a remarriage was possible between Ab. Ahad & Reshma as per shariah and Muslim Personal Law. Reshma refused to leave the matrimonial house saying "I don't accept the Talaq". 

            My humble request to the experts is that what is the legal status of this Talaq as per Muslim Personal Law in vogue, but please bear in mind all existing laws in vogue in rest of India are not yet adopted by the state of J & K, courtesy Article 370.

                                                       Thanks in anticipation  



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