• Talaq without witness from darul qaza

Dear all my wife went to darul qaza and asked for khula and applied to mufti of darul qaza in writing. One day she called me to this mufti and made compromise deed on Rs. 500 stamp paper and notarized it. There is no witness from my side. After compromise my wife stayed with me for 4 months and again went to this mufti and asked for divorce there was one important condition in compromise deed that this mufti will call me to darul qaza and there I will give her talak that's why I signed compromise deed. But they didn't call me and one day I received a talaknama from this mufti stating that due to non appearance of me he has given talak to my wife as par tafweed a talaq. This talaknama is not on darul qaza letter head it doesn't have registration, doesn't have wife's signature there is no witness or their signatures and no arbitration took place. 
After this I filed a case against my wife and in laws and mufti under ipc 420, 470,471 etc. Now they are released on bail. 
To counter this case my wife filled domestic violence case at her place in which she has given affidavit that she is my wedded wife and now I came to know that she got married another person with the help of talaknama. In khula she has not returned my meher or anything.
Now my quetion is-
1) Is this talak valid
2)As per Supreme Court's historic judgement PIL 386 of 2005 darul qaza and their fatwa are illegal but still talak done by this darul qaza. 
3)Can I use domestic violence case's affidavit by my wife in 420 case to prove that she also accepts that she is still my wife. 
4)Can I file 494 ipc on my wife and her new husband and what proof I have to produce for that.
Asked 8 years ago in Family Law
Religion: Muslim

8 answers received in 1 day.

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8 Answers

1. Since Talaq a tafweed is a delegated divorce your wife will have to prove that after marriage you had delegated your wife with power to give talaqtoyou.In absence of this proof the talaq a tafweed would not be valid if you challenge this in the civil court.

2.Only a registered Quazi can issue a valid Talaqnama.If the issuing authority of the Darul Qaza has no such registration to perform marriage or talaq then such certificate ahs no validity.

3.Yes,you can.

4.if you have photo of their marriage r any other document then use the same to file case u/s 494 IPC.

Do file a civil suit for declaration of marriage that the talaq is null and void as suggested by me above.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) talaq is not valid as it is not precded by attempts at reconcilation . further it does not bear your wifde and witnesses signature

2) rely upon affidavit filed by your wife in DV that she is still your wedded wife

3) you can file case of bigamy agaianst wife and her husband . you need proof of her second marriage

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

your marriage is valid and subsisting .

talaqnama would not with stand judicial scrutiny .

to come within ambit of section 420 of IPC it is necessary to prove intentional deception on the part of the accused

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You do not publish contents of affidavit in newspapers

You are at liberty to file suit seek declaration that marriage is valid and subsisting

3) also file petition for RCR

4) call recordings are admissible in evidence

5) you can use evidence in your possession against the quazi

6) it does appear quazi is hand in glove with your wife and has colluded with her

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1.Only the quaI appointed by the respective governments are entrusted to issue Nikahnama or talaqnama.

2. So such certificate issued by any other authority shall have no validity in the eye of law.

3.In this circumstances you can file a civil suit for declaring that the Talaqnama issued by this Darul Qaza is null and void or non est in the eye of law.4. yes her statements in the DV petition is conclusive proof of her stand about her marriage with you. You can rely on this .

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Now my quetion is-

1) Is this talak valid

You have already given a police complaint alleging fraud in this subject issue.

Therefore it is not acceptable to you, thus this talak may not be held valid, you can fight it out in court seeking to declare this as false and not maintainable since you have never uttered talak in the presence of Darul Qazi

2)As per Supreme Court's historic judgement PIL 386 of 2005 darul qaza and their fatwa are illegal but still talak done by this darul qaza.

There is no decision on Talak that has been pronounced by Supreme court

3)Can I use domestic violence case's affidavit by my wife in 420 case to prove that she also accepts that she is still my wife.

The statement given by her itself clearly indicates that she is still your wife, thus this can be proved that your marriage with her has not been dissolved by talaq or any mode

4)Can I file 494 ipc on my wife and her new husband and what proof I have to produce for that.

If you believe that your marriage with her has not been dissolved then you may file a complaint under section 494 IPC against both.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

I would like to know can I use this in my 420 case and can tell the court because of this kazi's certificate my wife; arried to another person and he is the main person who has destroyed my 22 years marriage. Because court has deleted this kazi do you think this can frame him back.

You have done a lot of ground work to bring forth lot of evidences to prove that this talaq is not maintainable either as per Shariya law or common law.

You can proceed as per your action plan to nullify the so called Talaq given by the person claiming himself to be an authority and also follow up his criminal case vigorously.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can file RCR against her, let she bring forth the evidences which relies upon to to prove talaq.

Can I use this against him to frame as culprit as court has deleted him. He has signed talaq by one name and submitted papers by another name isn't it concealation of identity.

Yes you can initiate proper legal action on this basis.

It is an act of forgery and cheating.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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