How can I give Talaq , without getting into false allegation of triple Talaq. What proof should I need that I have given only single Talaq not triple Talaq. Second thing does muslims India also have to go through , 6 months counseling process first and then court procedure or Talaq is the provision under muslim marriage act. I have already given Mehar at the time of nikah , do I have to give maintenance/ alimony as what I read under muslim marriage act Mehar is the supposed Alimony which is decided before nikah. Can I move abroad and send a letter of Talaq to be in safe zone and come back after iddat period. My wife's mother ie my mother in law is not a good woman, she is a divorce and knows how to play with laws. I got married from jeevansaathi matrimonial and thus bearing the burnt of it. Everything was anonymous to me and I got into the trap now. Why I am asking all this , within 10 months of my marriage my life became hell. My wife is a very unreasonable women with a long tongue and she is always under the influence of her divorced mother. She doesn't know what's the respect of husband, how to talk .She blackmailed me doing suicide attempt. I almost lost my job because of escalations as I can't focus, had an accident because of mental torture. I can't bear any more burnt. I feel suffocated in my own home. I have an old mother which I can't even take care because of all this. I do not want to live with this woman , please help me the best way to get out of this mess. As now she is threating beyond her limits. I have a self respect, I can't live this miserable life anymore.i feel like I should jump out of my window.its 5:46 AM I haven't slept whole night.Please try to understand my agony.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can divorce your wife as per Muslim personal law
2) issue wife 3 consecutive monthly divorce notices
3) reasons should be mentioned for divorce
4) it should be preceded by attempts at reconcilation
5) you have to wife maintenance during iddath period
6) wife can seek maintenance even after divorce
Only triple talaq instantly given is a criminal offence. All other forms of talaq is allowed which are permitted as per sharia law
Well, triple talaq itself is not invalidated in India. Only the instant triple talaq is made not permissible in law.
So you can always give triple deferred talalq to your wife by which means you can pronounce talaq one time in a month in presence of the Qazi , your wife if possible and 2 witnesses for consecutive 3 months.
Then after obtaining talqnama send it by post to your wife along with Mehr amoint.
My friend don't jump out of window its not good, try to sort out the problems and there are "N" numbers of ways that you may not knowing but other party know that's why you feel frighten about them.
Straight way you can file case under Special Marriage Act and normal single talaq procedure. on cruelty and mental harassment ground and wife is forcing to do suicide and creating such types of situation in the family.
There is no concept of three divorces in Islam. The concept Of "Three Divorces" does not exist in the Quran. The concept of "triple Talaq in one sitting" or "Instant Talaq" is alien to the Quran. It is clear that no Talaq can be effective without interference of reconciliation.
In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband (talaq), wife (khula) or mutually (mubarat). Talaq allows a Muslim man to legally divorce his wife by stating the word talaq.
Talaq-e-Sunnat" or "Talaq-ul-Raje" is a revocable divorce that can be pronounced in Hasan or Ahsan forms.
The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time.
"Talaq-e-Hasan" is the 'proper' form of talaq. In this form, three successive pronouncements of talaq are made by the husband in three successive tuhrs (when the woman is not menstruating). In case of a non-menstruating woman, its pronouncement may be made after the interval of a month or thirty days between the successive pronouncements. This form of talaq can be revoked any time before the third pronouncement.
You can follow the above mode of talaq and comply with the procedures as stated.
She can claim maintenance under section 125 cr.p.c.
Dear Sir
Best remedy is go for a mutual consent divorce
Hi
File divorce as per Muslim Law.
As per your description, you have sufficient grounds for divorce.
As you mentioned, it can also be done that you spend the iddat period abroad.
Thanks
You can follow ILA or ZIHAR but not triple talaaq. Mutual consent divorce through court but only KHULA. Civil suit will file in session court for dissolution of marriage which may take years.
Muslim wife entitle to maintenance - mehar will adjust with maintaiancne amount. Better give talaaq through ILA or ZIHAR
In talaq e ehsan, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked.
1. No need to go abroad for sending the notice of talaq to your wife.
2. Send notice for talaq to your wife through your advocate for three consecutive months.
3. If you want to be safe then you can go abroad and notice for talaq to your wife.
Consulted a lawyer in Delhi, he wants me to go through different phase as he asking me to : 1) send a letter to area police station that my wife is torturing me , tried suicide attempt and now she created a profile on jeevansaathi .com with a status getting divorce, which she did actually. As it will save my ass in case she files a false complaint. 2) send a conjugal notice to her place under section 9 to come back home. 3) and then file a divorce on the ground of cruelty and compatibility in court My question is when I can send a letter of divorce" Talaqnama" in 3 consecutive months why I would have to go through all this as in court it take years to seek divorce. Is this lawyer trying to make money from me ? Section 9 comes under "Hindu marriage act', would it be applicable in Muslim marriage act as well. I tried my level best to save my relationship but it's getting into my nerve as now she has created a profile on jeevansaathi with an alias name , which can be confirmed by her mobile number and email address. Please Help me , if there's is any good lawyer in Delhi who can help me to get rid of this pathetic situation. Thanks in Advance.
Civil suit will file for declation of divorce which is lengthy and futile process. Observe conventional method of talaaq - ILa, zihar, 3 month notice etc.
Keep proof of her matri site profile, declaring her self divorced.
Sec 9 not applicable to muslims.
If you are so pained by this woman's behaviour then divorce her. Teiple talaq is illegal so a regular talaq spoken 3 times each month is valid. Mehr has been given but the provisions relating to maintenance are applicable to persons of all religious backgrounds.
Your lawyer's advice is partly correct. Section 9 is not applicable. He must not have known your religion/ slipped from his mind. But apart from that he is correct. These are preemptive measures as she would file cases of cruelty and domestic violence against you.
you can easily give talaq e ahsan and other forms of talaq as per Sharia law
1) you can file complaint before police station regarding wife constant threats to commit suicide
2) I disagree with your lawyer advice regarding issue of notice under section 9 and filing for divorce on grounds of mental cruelty
3) RCR cases take over 5 years to be disposed of
4) you can divorce your wife under Muslim personal law by giving her 3 consecutive monthly divorce notices
Well, I have no idea which your Delhi advocate is saying except that he appears to have little knowledge about Muslim divorce and the dispute of his client. I regret this. Consult someone else.
You better ignore the advices of this lawyer, consult another lawyer having good knowledge in this regard.
You are right that section 9 is applicable only for Hindu marriage act and not for Muslim marriage.
You even do not have to give any complaint with police about this.
You can pronounce single talaq and follow it up by observing iddat period as per Muslim personal law.
If she applies for maintenance then she is eligible to claim maintenance under section 125 cr.p.c which you cannot avoid.
But that cannot prevent you from following the procedures for pronouncing talaq as per Shariah law.
You need to trust your lawyer.
Everyone here is to make money.
He have advised you correctly to follow these steps to create more grounds for divorce
there are number of lawyers in this website from delhi having good ratings . you can check their profile on the website as to whether they deal in Family cases Or not.
Dear Sir,
Assuming your question is for divorce from man’s side,
If unilateral divorce than go for Talaq-e-ahsan i.e talaq in three tuhurs. Before the Talaq do have a mediation through family and friends and if it is not possible send her notice through your advocate and let there be exchange of communication if there is no response after a month’s time go ahead with Talaq e Ahsan.
If both the parties are ready for divorce go for Mubarrat (mutual consent divorce in Mohammedan laws)
- Triple Talaq means a husband saying Talaq three times in one sitting and instantly divorcing and breaking off all the marital relations with immediate effect without any recourse to arbitration or reconciliation with the help of relatives, friends and Sharia courts.
- This type of Divorce without gap between is considered not approved in Islam as well.
- Hence, if there is gap for the arbitration / reconciliation with the help of relatives ec, then it will not come under the obligation of triple talaq, but there should be witness for the same .
- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine,hence you are not advised to pronounce Talaq to her , otherwise you will have to face consequences.
- Since you dont want to accompany with her , then send her thrice notices with a gap of at-least one month , and mention the reason for Talaq with two witnesses.
- Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the wife has to be paid maintenance in the iddat period and mehr has to be returned.
- Further , as per Supreme Court, a Muslim husband’s liability is not limited to iddat period:
- Hence even after divorce /Talaq , she can claim her maintenance from you.
- Repeated attempts by wife to commit suicide amounts to extreme cruelty and divorce granted. Supreme Court decision in Narendra v. K. Meena, (2016) 9 SCC 455
- You should give information Application/Complaint to the SHO of your area police station, after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens.
- Further , if you want to give Talaq her , then why you want to file a case of restitution of conjugal rights . and further section 9 comes under Hindu marriage Act.
- I am a practitioner in Delhi .
