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4WhatIsRight (partner)     28 September 2012

Special marriage act followed by nikaah and divorce

one of my muslim friend married a hindu girl in 1997, under special marriage act.
in 1999 after a heated argument my friend divorced his wife by saying TALAQ thrice and destroyed the marriage certificate.
after some counselling by friends and well wishers both agreed to reunite.
they again married under special marriage act got a new marriage certificate, followed by nikaah.
now in 2012 after lot of rethinking both have decided to go for divorce / dissolution of marriage/nikaah.
now will saying talaq thrice will amount to divorce or what procedure they need to go thru to get divorce. 


 1 Replies

Tajobsindia (Senior Partner )     29 September 2012

1. When triple divorce is pronounced, your friend's wife becomes totally alienated from your friend as her husband and your friend cannot remarry her later.  She becomes haram (totally prohibited) for your friend. 

2. Neither can your friend take her back nor can your friend go for fresh nikah with her. Your friend can go for nikah with her only after she marries with another person and that person divorces her on account of marital conflict or she becomes a widow.

Something went gravely missing in your friends transmitted facts via you to us while following his Personal Laws is  best of my interpretation of your friend's personal laws to your friends question before us thus above two reproduced. First they needs to be rectified by your friend and then only your friend's second question can ever be attempted.

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