Civil Procedure Code (CPC)

TRIPLE TALAK


Respected all,

My friend husband had wrote SMS to her where he had mention 'I am giving u talak. Do what u do.' Thereafter on the same day he chated online with her and wrote in gtalk that

''i am saying talak 2nd time"--'i m saying talak 3rd time'---bye---'  allah hafiz' ---- over ".

After one month of above communication, her husband is sending notice through his advocate to join matrimonial home in 30 days..

Is the talak completed or can be revoked. They had one female child of 11 months.

Please help, as many movlis and lawyer are giving different advice, she is confused and is very sad, she does not want talak. She does not know his husband view.

Thanks in advance if you help her..

 

 
Reply   
 
Done with AIBE

Which Sect do they belong to?

 

·          Talaq pronounced with sound mind is effective when wife gains the knowledge of the same......

 

·          For Shias: a talak may be oral or in writing. In case of oral talak, it must be pronounced orally in the presence of competent witness. A talak communicated in writing is not valid unless the husband is Incapable of pronouncing it orally.......

Best would be to get the marriage registered under civil law... lest the repurcussions are far reaching....

 
Reply   
 



They belong to Sunni Muslim

 
Reply   
 
UNEMPLOYED

according to hardcore sunni mohamedan's pronouncing talak thrice - is binding and effective.

after pronouncing talak they will be treated as - not the spouses, the marriage already disolved religiously. no matrimonial relation is  existed there anymoe . both are free to marry again but not in between themselves. they have to marry some other person. if the girl get talaq again after the consumetion of the next marriage, may allowed to marry her previous marriage.

though it is  peculiar but it is fact.

 

therefore mohamedans are too much catious about 'talak'. even if  by mistake they pronounced thrice - it is full and  final and binding to both.

 

but there is one other virsion which tells - it has to be pronounced before a moulavi and each talaq will be - after a gap of one month. otherwise the said talaq is invalid.

 

so far i know, the latter version is, as per the religious law, according to shariat.

 
Reply   
 
UNEMPLOYED

what mr mallik tells is also logical but there is a problem that, there own society may not accept them.this problem is there.

 
Reply   
 
UNEMPLOYED

marry her previous marriage.

please read previous husband instead of marriage.

 
Reply   
 

Dear Arup Sir,

I am not getting clear reply that whether talaq is completed between them or not? What Muslim law says?

 

Thanks

 
Reply   
 
UNEMPLOYED

there must be some witness that the husband pronounced talak thrice.

as he pronounced it thrice and email itself is a record, therefore the talak completed and binding. - so far i understood the mohamedan law of talak.

 
Reply   
 
UNEMPLOYED

" After one month of above communication, her husband is sending notice through his advocate to join matrimonial home in 30 days.."

---  this portion of your msg is really pathetic.

i understood that -  the husband understood his wrong; his mistakes; and ask her wife to return back to her.

 

--- a similar case i know,  where talak pronounced thrice by husband and a few days after the spouses understood the mistake. when they went to sleep at night, their neighbours and relatives took objection. but they were strict to remain as spouses, as a result they converted into hinduism.

 

after completion of talak, according to mohamedan law reunion not allowed.

 

if the spouses ignore the matter by saying that he not pronounced third time, let this false be true.

 
Reply   
 
Done with AIBE

Among the Sunnis, talaaq may be express, implied, contingent constructive or even delegated.

 

According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses...........

 

Here writing means as per the muslim texts should be in talaqnama....... but how far putting it in mail or for that matter any other form is valid is a question to be decided........

 

My sugestion to your friend is to contest the case and confirm the legal status of their marriage before joining her husbands society........... also give a thought what other learned experts think....

 

All this misery would end when politicians stop playing around for their gains and implement Uniform Civil Code

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x