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sharmilla ram (general manager)     27 August 2011

Please advise urgently

Dear lawyer,

pls advise how to implement my talak in the eye of court.My X wife has filled under crpc 127 for enhance maintainance.One year back i had sent talaknama to her by post which she did not receive.and one copy i filled in the court n her lawyer has recived.next month i sent second talaknama by register post which again she did not receive.one copy filled in the court n her lawyer received.again after one month third n final talknama had send same by post n copy to court file.in all three talaknama her lawyer received.and in last two post post master has written she is not ready to accept post.My mehar had paid at the time of nikah which is mention in nikah nama.this all excercise i done one year back.after six month she gave rejoinder that signature of the husband is fake.v asked to give with affidivit till now they r not giving.even judge passed the order but she did not give. last month she started witness in crpc127. As per my knowledge after divorce personal law will be applicable. but judge is not stopping proceeding for 127.and till now judge is not ready to listen arugument whether talak done or not.

can anybody through lights what to do.according to my knowledge she is no more of my wife n crpc 127 is not applicable.after divorce personal law will be applicable.pls suggest how to take order from court that talhak has done.or can i go hc or sc for first finish tahlak proceeding than take up 127.

pls advise senior member.



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 August 2011

Cr. PC 127 is applicable on the point of enhancemen of alreeady paid maintennce allowance and it has no reltion with Talak. Until and unless she is re-married, you are liable to pay her maintenance.

Adv. Chandrasekhar (Advocate)     27 August 2011

I agree with Mr. Makkad.

sharmilla ram (general manager)     27 August 2011

mr Makad it means no muslim personal law exists in inda. if i understand wrong pls corrected me. in crpc 127 its mention after divorce personal law will be impliment. so case will trail as mpa 1986 act. if 1986 act exists than where to use. for divorce lady it is clear guide. Please through some lights.


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