Talak under Muslim Law and 498A

@ Author


In my opinion the correct law of talaq as ordained by the Holy Quran is that it must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by two arbiters – one from the wife’s family and the other from the husband’s; if the attempts failed, talaq could be effected. I see thi simportant link missing as per your personal Law ! I may offer myself for correction by Ld. Aejaz Ahmed and Ld. Assumi on this opinion. However this may be besides the point she is having her parents home at Aligarh hence it is used to set Jurisdiction for filing the IPC section. This you may challenge by a TP (crl.) at SC and get it transferred to Delhi District Courts whose merits I am not getting into right now.


As per Muslim Personal Law divorce lady is not entital for maint.but as per Ld. Judges it totaly depends upon his mood. Nowhere is mention maint for divorce lady but ld. judges are passing order against once Personal Law If your friends wife will take khula then she has to pay his mehar money back which she took at the time of nikah. If she is ready to take khula than give it there was no need to pronounce triple tahlaq. One could have just said I am ready. Then in my opinion no chance for maint even in the future. However in divorce she can claim so better he can say to her take khula I don’t mind.


A khula in your friends case means she is offering to compensate you to release her from her marital rights and operates as a talak-i-bain. Has your friends khulanama been prepared / executed and what is in the contract? Please be sure if it is khula or mubaraat? If it is khula or mubaraat they operates as a release by the wife of her dower - but does not affect the liability to maintain during iddat (3 mths) or childrens rights.

Re.: Ghansi Bibi V Ghulam Dastagir (1968) 1 Mys L.J 566


So, in your friends case make sure it is Khula and not consent (mubarraat) or talaq. Also no marriage until divorce is finalized as she can use it to refuse to live with your friend.

Coming back to board discussion she is within her rights to file S. 498a IPC irrespective of talaq status as it is probably not done as per your friends personal Law is my overview.


He has to contest the same and prove his innocence and question the marriage expenses and other allegations of dowry therein.

Dear Mr. Tajobindia

Really very helpful and friendly advice, thanks

As i discussed with him, Talaq has been performed in the presence of two muslim male witness and it is in written and they took a fatwa from mufti that it is as per Islam and as per muslim Sharia. so as per religion is concerned Talaq has been done on 14 Feb 2011 and no point of return back. (as per muslim religion)

Now, the question is if Talaq has been performed, how can she filed a case on 498A or others. and if she is staying in Aligarh with her parents from last 08 months, how can file a DV case in Aligarh, if so called it is performed in Delhi (which is not happen, false allegation).

Ok one more interesting fact after they started threating him then he started having voice conversation recorded on mobile phone in which she claims that she is using her father phone (who is definitely not in Delhi), about no dowry have been asked during conversation with him, and no beating has been done from him or family.

Will it help in any point? to investing officer or in court

What about the fake certificate provided? my friend have mails in which these certificates have been emailed to him from her email, the university letter saying the certificates are fake etc.

Please advice

Rohit

Even in Mohd., if Monhd., prounces 3 times talak it is valid. Off course in your friend's case it is performed and lady is divorced. Let me know was there any paper publication of talak? I am very much strongly contested the jurisdiction of the court in DV act cases. DV case is filed at Aligarh.  This case can be challenged on the ground of jurisdiction because service provider had no jurisdiction to make the report. , eventhouhg , if DV act is happenedhusband's house the court of husband' place has got jurisdition.  No courts are looking into this with a blind eyes courts are accepting the cases.

There is good points to challenge the FIR.  Let your frined to approach the high court.  Because 498A is legal terrorism.

Dear Adv. Rajoo

Yes there is a Talaknama signed by my friend and two muslim witnesses have also signed the Talaknama and attested by notary at Supreme court.

and that Talaknama was sent to SSP Aligarh, Police station concerned and the to the Ex-Wifes house which has not been received was sent with Registered post with AD.

Please also guide us about the recorded conversation, will it help at any point either at Police station or Court?

They are currently at mediation, please let us know about the next step and any guidence.

how can they challenge the fake certificates provided?

Thank you for your kind advice

Rohit

Dear Lawyers Group

No replies are coming on my post

Please help

Thanks

Rohit