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Tarannum Khan (Techie)     16 February 2012

Valid talaq

To all the Experts,

My husband gave me Talaq by sending Talaq notice and a fatwa issued by Quazi along with Meher amount and iddat period amount by registered post.

I gave the reply that i am not accepting this talaq and send back the meher and iddat period amount.

No Communication there after. now i came to know that He had done second marriage.

What can i do in this scenario. i had already filled 498a and Dv case against him.

Please advice

Tarannum



Learning

 12 Replies


(Guest)

@Author,

Which part of India you are from?
what was The Gap between his talaq notice & your Case Filed ?

As per Shariah, Talaq is Valid and you are no more his wife, But yes out of your frustration you can file Cases, which normally wives does after getting Divorce / RCR notice.

The Onus to proove Divorce is on your Husband, Based on that If Divorce will be Valid, He can Challenge your 498a / DV. and May appeal in Higher Court to Quash / Discharge the Case.

Tarannum Khan (Techie)     16 February 2012

@ Zameer

You have misinterpreted my words. First i had filled 498a and Dv latter i recieved Talaq notice and quazi Fatwa.

Well i am from Maharashtra state.

I filled the cases and latter after 4 months he send the talaq notice to me.

Hope it is cleared.

Please advice.

Tarannum 

sharmilla ram (general manager)     16 February 2012

MISS TARANNUM being a muslim u know that talaq only husband can give women can not.and its not neassary to tell u directly. any body can pass msg.as par muslim law he can give u divorce anytime.even after 498a whatever u put case. but i must tell you in india there is no personal law.all the judges is consider as a hindu law.no need to chalange.but if u want to harss him than dont accept u can harss him.even second marraige u can not stop but try better luck any judge can pass order muslim can not do it. better to do compromise.otherwise u will not get even penny.but talaq is valid u r no morewife of him.as par shariya his money is haram for u. u ask maintainance n u will get it but its harm money for u.

1 Like

Tarannum Khan (Techie)     16 February 2012

@ Sharmilla Ram

Sir, rightly said, but we had registered our marriage after Nikah for the visa purpose. 

As we have even registered our marraige still he can go for Valid second marriage?

Experts please help.

Tarannum


(Guest)

Ohhkk ! ! !,


Thanks for Clearing doubts,

Here little to add, Made by Sharmila Ram.

Yes As per Shariat you are legally Divorced wife. BUT since we live in India, as 498 & DV are secular in nature. So both the Cases will run on its Merits.

and you may Keep Saying.."I'm not Accepting it".......But in Reality you are no more his Wife and haraam for him, and Even you get anything in DV in terms of Money will only make Haraam to you. Which will Ultimately make you Sinner in Sharah Point of View & in the Court of Lord.

Better Compromise, and Accept it,
You can file for "Muslim Divorce Act 1986", to get your Divorced Women Benefit i.e. your Iddar Period amount & Fair Provision which is Either One time or Till you marries, whichever both parties agree on..
But for this you have to accept Talaq in Court

One more thing To clarify to Sharmila Ram, Islam permits women also to seek Divorce in form of Khula. Either Party can divorce each other. Where in Most of time "Khula" is from wife side.

Tarannum Khan (Techie)     17 February 2012

@ Zameer

Still confused, i am asking that  we have a registered our marriage, so is there any provision in that the Sharia law or personal law wont apply and can i go for Bigamy or any other thing against my husband?

Because we have registered our marriage do this muslim divorce act 1986 get nullify and things will go according to IPC.

Please clarify

Tarannum

sharmilla ram (general manager)     17 February 2012

as i told you in india no muslim law exists its totally depends judge to judge.some judge accept muslim personal law some judge not accepting.even for visa u registerd ur marraige it does not make any differences.yes u can file bigamy but it depends upon judge if he know muslim law than it will reject.simple understand u can harras ur formear husband but u can not do more than.still he can marry three more.as par law no court can stop him three more marraige.but till the session court level any judgement u will get it.once he will go hc and sc than u will get zero.so better solve problem with ur elders.now u can not marry with him.

Tarannum Khan (Techie)     17 February 2012

Thanks Sharmilla Ram.


(Guest)

@Tarannum,

Below is the Judgment details, which says Talaq is Valid, If Few conditions meet.

1)
Unilateral triple talaq must be preceded by attempts at settlement and be for a reasonable cause.
(Shamim Ara vs State of U.P. & another AIR 2002 SC 3551, SC)
(Dagdu Pathan vs Rahimbi, Full Bench of Bombay High Court,2002)

**In your case reasonable cause could be filing Criminal case against your husbad

2)
Husband's second marriage confers right on first wife to live separately and claim maintenance.
(Begum Subanu alias Saira Banu and another vs A.M.Abdul Gafoor AIR 1987 SC)

3)
Triple repetation is not a neccessary condition for irrevocability of effect of Talaq
(Saleha Bi v.Sheikh gulla, AIR 1973 MP.207)

4)
The wife's presence is not necessary it may be signed in the presence of Qazi or the wife's father or any other person.(In Re, Raja Saheb,44 Bom.44.)

In your Case you can only Haraass him, But I believe If he able to proove his Talaqnama, which was possible Serve to you and Once prooved then it will weak your case.

in the end, you can file for Post Divorce Benefits under Muslim Divorce Act 1986. to Claim your maintanence. which I think Court will direct him to pay you once he prooved his divorce

aaliya (none)     25 February 2012

@tarannum,

plz visit the foll..link,

https://www.lawyersclubindia.com/experts/Triple-talaq-in-mohammadan-law-277421.

the practice of pronoucing triple talaq in one sitting is totally unislamic ...it is not newhere in quran ..

it should be in 3 sitting..with attempts o f reconcilation n with a valid cause...

 

aaliya (none)     26 February 2012

@tarannum,

even if he proves his talaq he cannot escape 498 n DV case..go ahead...n u can challenge his 2 marriage too..by indian laws...


(Guest)

Bigamy is not applicable to Muslim husbands,

Author can Register Case for Bigamy against Muslim Husband,

However it will be of no Use, and Resulted in Run around courts for years Both..

498a  / DV cases will run as per their merits, will not affect married Life of Husband with New wife.

Here Only Author will increase her Tension by filing Friviolus case, which may backfire If husband turns out to be real fighter..

As suggested by Sharmila, Better she can settle the matter, To Live & Let Live..


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