What can we do to save a marriage when a man tell Talak 3 times?

Vijay Raj Mahajan (Advocate) 19 November 2008

In order to avoid the triple divorce in Muslims which dissolves the marriage on the utterance of the word divorce the third time, the best course is to get the Muslim MarriageRegistered under the Special Marriage Act,1954. Once the the marriage is registered under this Act, the provision of this Act will only apply to such marriage & any dispute regarding it. Even if the husband now utters divorce three times the marriage will not get dissolved & in order to do so the Husband has to seek dissolution of marriage from the District Court by decree of Divorce or Annulment as the case maybe. All that requires lot of time,money & evidence to prove the condition of divorce/nullity under the Special Marriage Act,1954. There is no other better solution to bring the practise of dissolving Muslim marriage by utterance of triple divorce by husband as & when he likes although all Muslims come out with excuses that this way of triple divorce is not considered good in their religion still they continue practising it in the name of Personal law.

anonymus (confidential) 20 November 2008

dear mahajan saheb,

ur view is correct. but the position of law is now changed. The pronouncement of triple talaq will not dissolve the marrige, when it is not done as laid down in the quran. No excuses will cure this defect. The conditions for talaq are specifically laid down in the personal law which is fool proof. Please donot judge a law based on the followers rather violaters. Please refer the decisionof our SC in "Shamim ara vs state of UP and another" reported in AIR 2002 SC 3551. The SC has classically interpreted the injunction of quran and clearly stated the conditions and mode of pronouncing talaq. It is not as easy as percieved by others, or as followed by the so called muslims of India. Triple talaq at a time is INVALID even as per quranic injunctions.

Vijay Raj Mahajan (Advocate) 21 November 2008

I'm not judging the legal view from the point of violators & I fully agree with the Hon'ble Supreme Court on the basis of which Triple divorce can be considered valid but that only delays the process of triple divorce from instant calling of marriage to three months, one divorce being called every month & given one month time for parties to reconcile. The third call for divorce completely dissolves the Muslim Marriage & the start of Iddat period for the divorced wife. The process of divorce under the Civil law as provided under the Special marriage Act,1954 requires lot of time, money & production of evidence in the District Court, that whole process takes months & years to decide, the learned district judge has legal duty to bring about reconciliation between the parties till the last stage as very well quoted in one of the cases by the supreme court with regard to Hindu Marriage Act,1955 which is an Act similar to the Special Marriage Act,1954 as far the provisions for dissolution of marriage is concerned, where the learned judge had pointed out that the law is basically for marriage & protection of marriage not breaking the marriage. No Civil judge any level of the country is too happy to break any matrimonial home which not only has husband & wife but innocent children involved in it. My purpose encouraging the Muslim here is to make them realize & prevent their easy approach for divorce relating issues, the Muslim in general maybe having misconception in their mind that they can give get rid of marriage by calling triple divorce in presence of Quasi even in three months time without going to the Civil court as any other person who married under the Civil law or any other religious law has to go, they feel light by not stepping the stairs of the district court, the heaviness of each step the person feels who has to get decree of divorce from the District court is missing for them & this heaviness I want them to feel. In the name of personal law the Muslims of India have used the Politicians not to implement Article 44 of the Constitution for uniform civil code, you have cited a Supreme Court judgment to show me your awareness of law now should I quote the judgments of the same Supreme Court wherein they have number of times asked the Centre to implement Article 44 of the Constitution for bringing common Civil Code in the country?

Sushil Kumar Bhatia (Advocate) 30 November 2008

Talaq only will be performed when talaq say on three consequences months of period of lady and payment of mehar is must.

HELP (SA) 15 April 2011

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..