Quazi said he will give permission for second marriage

Self employeed

 


Hi All,

Yesterday we attended in front quazi , as usual and as expected the other party didnt attended. So Quazi said that he will give third notice and  he asked us to meet him in JAN-2011. I immediatly asked him that what if the other party doesnt come even for next sitting (third sitting), for that he replied that if they doen't come then I will give the permission for second marriage.  After coming out from the Quazi premises I was analyzing what he said and I understand that giving permission for second marriage is not same as getting divorce from other party. We dont want to permission for second marriage we want divorce from her.

Today morning I discussed with two Muslim guys , one guy was telling that "he can't give divorce/Talaq as long as 498A and other cases are pending moreover it is mandatory that other party presence. If the other party was not there then he can not issue TALAQNAMA to you.

Another muslim guy was telling that , it is not like that Quazi has rights to give TALAQNAMA irrespective of other party presence. What is correct?

Thanks,
Masthan

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HI Masthan...

If you have sent talaqnama which clearly says TALAQ to your wife & signed by you and other two muslim men as witness for this talaq.. It completes your divorce procedure.... 498a is not related to Muslim talaq... Its a criminal case which is pending in court to prove... 

You can Send the Original copy of the talaqnama to your former wife , copies of your talaqnama to your Mahal (Jaamath) , her mahal.

If any of the parties refused to receive... you can also publish in the news paper...

 
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Self employeed

Hi Yoonuse,

 

We have not sent any TALAQNAMA to her, we asked the QUAZI saab to do that on behalf of us and we want to go for as per islmaci law and we want QUAZI to issue the TALAQNAMA to her.

 

Could you please briefly explain the TALAQNAMA process from QUAZI side.

 

Thanks,

Masthan

 
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Hi , 

As per islamic / Muslim Marriage Act TALAQNAMA should be sent by husband, there is no on behalf  written... 

Your role is important ....

Qazi can be the Witness for this talaq or Mediator for this dispute...  

Muslim marriage is a contract between Women and Men... 


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Self employeed

Hi Yoonuse,

 

What is the role of Quazi in muslim divorce? He is just another witnesss? nothing else ?

Then what is the need to send 3 notices to other party ?etc... ?  Who needs to prepare the TALAQNAMA papers? QUAZI or ADVOCATE? (ofcourse husband has to sign it ). Is it mandtory that other party needs to sign on the TALAQNAMA papers?

 

If other party refuse to receive or fail to receive the TALAQNAMA papers then is it good enough if publish it in local news papers ?

 

Thanks,

Masthan

 
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UNEMPLOYED

 " What is the role of Quazi in muslim divorce? He is just another witnesss? nothing else ?"

 - YES.

" Then what is the need to send 3 notices to other party ?etc... ? "

- RELIGIOUS INSTRUCTIONS.

" Who needs to prepare the TALAQNAMA papers? QUAZI or ADVOCATE? (ofcourse husband has to sign it ). "

_- THERE IS NO FORMAL TALAK NAMA. YOU MAY PREPARE IT BY YOURSELF, BUT IT IS SUGGESTED TO TAKE HELP OF AN ADVOCATE, WELL CONVERSANT WITH MOHAMEDAN LAW.

 
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UNEMPLOYED

MOHAMEDAN MARRIAGE SYSTEMS ARE MUCH MORE MODERN COMPAIRING TO HINDU AND CHRISTIAN MARRIAGES.

 
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UNEMPLOYED

" Today morning I discussed with two Muslim guys , one guy was telling that "he can't give divorce/Talaq as long as 498A and other cases are pending moreover it is mandatory that other party presence. If the other party was not there then he can not issue TALAQNAMA to you."
 
: "he can't give divorce/Talaq as long as 498A and other cases are pending
- HE OR SHE?
- Talaq & 498A ARE DIFFRENT ISSUES.
NOT LINKED WITH ONE OTHER.
TALAQ MAY BE GIVEN AT YOUR WILL AT ANY TIME.IT IS YOUR PERSONAL LIBERTY.
498A IS A CRIMINAL OFFENCE, IT WILL RUN EVEN AFTER TALAQ, & UNTIL IT IS DISPOSED OFF.
 
: If the other party was not there then he can not issue TALAQNAMA to you
 
- WRONG IMPRESSION.
 
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Self employeed

Hi All,


Thanks for your reply. We will meet QUAZI on 03-JAN-2011, QUAZI said that if they dont come on 03-JAN-2011 then I will give permission for second marriage. If we want to get the divorce on the same day then what steps we need to take before 03-JAN-2011.

 

Thanks,

Masthan

 
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UNEMPLOYED

you may marry upto 4. permission not necessary.

talaq also at per your will.

better ask quazi, for the guidence. some mohamedan lawyers are available at lci, you may ontact for exact guidence.

 
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