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Iram Jafri (Other)     08 June 2014

Talaq and custody

I am a Muslim women recently being divorced by  my husband sending  a letter stating final divorce(including name, address, reason etc). I want to know is this piece of paper is equivalent to the  court issued divorce decree? If not  then do i need to go to court  to get it done as it is a very important document. 

My second question is regarding the custody of my child who is a minor. How can i get custody from court?



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 3 Replies

Dr J C Vashista (Advocate)     09 June 2014

Writing on a piece of paper is an invalid talaq as per Muslim Law. It has to be pronounced thrice, challange the letter to get it declared illegal and ultra virus.

Move a petition u/s 12 and 25 of the Guardians and Wards Act for permanent (and interim) custody of minor, which you will get.

Engage a local lawyer.

Iram Jafri (Other)     09 June 2014

Originally posted by : Dr J C Vashista 9891152939


Writing on a piece of paper is an invalid talaq as per Muslim Law. It has to be pronounced thrice, challange the letter to get it declared illegal and ultra virus.

Move a petition u/s 12 and 25 of the Guardians and Wards Act for permanent (and interim) custody of minor, which you will get.

Engage a local lawyer.

Thank you for your reply but it is written thrice and pronounced thrice also.

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 June 2014

If it has been pronounced thrice by the husband then it is a Divorce under the Muslim law and you can demand the Mehar Amount against it.

As per the Custody of the Child is concerned you have to apply under sec 12 & 25 as per thye Ld. Dr Vashishtha's advise.


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