MASTHAN (Self employeed) 28 November 2010

Quazi said he will give permission for second marriage

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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18 Replies

Yoonuse (a) 28 November 2010

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...

MASTHAN (Self employeed) 28 November 2010

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

Yoonuse (a) 28 November 2010

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...

1 Like

MASTHAN (Self employeed) 28 November 2010

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

Arup (UNEMPLOYED) 28 November 2010

" 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.

Arup (UNEMPLOYED) 28 November 2010

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

Arup (UNEMPLOYED) 28 November 2010

" 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.

MASTHAN (Self employeed) 29 November 2010

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

Arup (UNEMPLOYED) 29 November 2010

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.

HANUMANT DESHMUKH (Activist) 29 November 2010

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

Can you please explain how?

Arup (UNEMPLOYED) 29 November 2010

YES CAN EXPLAIN, BUT NEED TIME.

WILL TRY LATTER ON.

M. A. Khan (advocate) 29 November 2010

why are going after qazi for divorce. Under islamic law, for pronouncing divorce qazi is not required. If you want exact procedure to be adopted for divorce, than send a notice of single talaaq to ur wife, wherein you can ask her to mend her ways and stay away from her for one month. if she mends her ways, than resume with her. if she does't mend her ways, than send her second notice of talaq in the second month. stay away from her. despite second notice if she does't mend her ways, than in the third month send her third notice of talaq. Your talaq will become irrevocable. All three notices are to be signed by you. You can have mediation before sending talaq notice. Under Islamic laws, unchastity is the only ground for talaq, and that too if wife despite three notices remain unchaste. So if u r giving talaq for any other frivilous reason, than on the day of judgement before alimighty, you will be accountable and its a great sin to pronounce three talaq at a strech.

If you want to remarry, nothing prevents you to remarry. For remarry talaq is not required.

1 Like

MASTHAN (Self employeed) 30 November 2010

Hi All,

Can my brother pronounce Triple TALAQ on 3rd- JAN -2011 in front of QUAZI (as we already sent 3 notices to the other party), can my brother make QUAZI as one witnees ?

Is it ok if we prepare TALAQNAMA with help of an advocate now it self, and will take the same to QUAZI notice on 3rd -JAN-2011 and we will make him as one witness ?

Thanks,

Masthan