you can challenge divorce given by your husband on ground that it was done without going through arbitration and presence of witness
Im a muslim girl. My husband sent talaq letter (divorce letter). I dont accept for divorce. But as per muslim law i cant stop my husband from giving talaq to me. Is there any way to stop my husband from giving divorce?? Im nog willing to give divorce.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
you can challenge divorce given by your husband on ground that it was done without going through arbitration and presence of witness
You can contest the letter which purports to be a letter whereby and whereunder divorce has been granted to you. It can be challenged on the ground that the procedure laid down in muslim law as to the presence of witnesses has not been complied with.
you can challenge this divorce on ground of your nonpresence or absence of witnesses at the time of divorce. as per new law established by supreme court he is liable to maintenance even after divorce.
you can challenge this divorce as on a days there is set of procedure which have to be followed before pronouncing the talak and going for valid divorce
Thank you all. :) He was not given talaq before any witness. and i was not there when he is pronouncing talaq. He just sent a letter that he pronounced talaq.
please clarify my small doubt .. witness means?? person from his side or my side ?? or any third person who is a muslim??
he correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators one from the wife’s family and the other from the husband’. If the attempts fail, talaq may be effected. In other words, an attempt at reconciliation by two relations, one each of the parties is an essential condition precedent to talaq. It is fallacy that a Muslim male enjoys, under the Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to him. “If they (Namely women) obey you, then do not seek way against them” (Quran IV 34).
in your case there has been no appointment of arbitrators nor has talaq been given in front of 2 witness . hence it is not valid
thank u so much
Talaq given by him is legally invalid as there were no arbitrators or witnesses. Some independent witnesses had to join.
hello sir, sorry i missed a thing. in the talaq letter my husband added two witnesses. two muslim men.. i dont know who that two men are. they just signed in that letter. my husband stated many false reasons for the reason for talaq. and he sent it from US. is this letter valid???
and he said two rounds of reconcilation held.. its a very big lie.. i filed a case in makkah masjid shariath council chennai.. its in pending. because he never came from US. he spoke by phone two times to the persons in makkah masjid. thats all.. they postponed the case for my husbands arrival to chennai
talak nama by your husband mentions reasons for giving you talaq . in addition it is signed by 2 witness . it has been duly served upon you .it is better you consult your lawyer who will advise after going through the contents of talaq nama .
since there were no attempts at reconciliation made nor any meeting of arbitrators held taalq nama would be invalid
thank you very much. im going to consult my lawyer today evening..
madam you keep on modifying your query based on inputs received .anyhow consult your lawyer now . if contents of letter are false and no efforts were made at reconciliation you ave good case on merits
Earlier you had said that no witness has signed the letter. Now you are saying it bears the signatures of two witnesses. If witnesses have signed the letter then consult a lawyer personally to ascertain if the divorce is legally valid.
If you have filed the case then prosecute it. If the averments made in letter are false then your case has legs to stand on in court.
hello sirs sorry for disturbing you again and again. i got evidence against my husband's talaq nama. now i can prove that he didnt attended any reconcilation. and we didnt gone through arbitration. but the problem is my lawyer said he cant take this issue to the court because he dont know which section this dispute comes under. and he asked me to send the evidences to the two masjids where the nikkah registered & my husband sent talaq nama. please clear my doubts. is this possible to take this issue to the court? i have valid evidence that my husband didnt attended any reconcilation. which section i have to file for this?
file for restitution of conjugal rights against your husband . as per the Holy Qur'an talaq can be granted if 1) it should be for reasonable cause, 2) it should be preceded by an attempt at reconciliation and c) the talaq be effected if the attempt for reconciliation failed.
@ajay sethi - Thank you very much.. you are helping me in the very hardest part of my life.. thank u so much sir...