An American Passport holder (American citizen of Indian Origin) married a girl in India in February 2024. The consummation of marriage has not happened since the “vidayi” of the bride has itself not happened. The groom went back to US a week later and now wants to divorce the wife because of ill treatment by the wife and her family over calls, wife’s family continuously asking for money, and the marriage intentions getting clear that the girl’s family got her married to the boy because of his American Citizenship status. After many arguments, the boy has sent a voice note to the girl and her family over WhatsApp that he wants to divorce and pronounced “Talaq” just once. What should be next steps? Whom to approach? How to get a Talaqnama? How to send a formal/official letter and finalize the Talaq? (Note that both the families are sunni muslims and the marriage was performed by a Qazi)
You have to issue your wife arbitration/re-conciliation notice, fixing a date and time for the re-conciliation meeting.
2) Since you are are in US and your wife in India you can have a virtual meeting through Skype
3) if reconcilation fails You can divorce your wife by issuing three consecutive monthly divorce notices. Mention the reasons for divorce.
4) Return your wife’s Maher amount and pay maintenance during iddat period
Three deferred Ta;aq be renounced thrice separately in presence of 2 witnesses and Quazi.
Thereafter get a Talaqnama from the Quazi and sent it to her .
Merely because man pronounced talaq on phone is not sufficient nor the same amount ti talaq between the parties. Talaq should be in the presence of minimum two competent witnesses and each talaq should be pronounced on each tuhr (mensuration) of the girl.
In this case, the American citizen (groom) has pronounced Talaq through a WhatsApp voice note which while informal may still be recognized under Islamic law if properly followed by formal steps. To finalize the divorce, the groom should send a written notice of Talaq to the wife through registered post stating his intent to divorce and the reasons behind it. This notice should be sent after ensuring that the wife observes the iddat period (waiting period) as per Islamic law. The groom can then approach a Qazi to request the issuance of a Talaqnama after the iddat period has passed. If the wife contests the divorce legal action may be needed in the family court in India, where issues like maintenance or alimony can be addressed. For a smooth process, it is recommended that the groom should seek legal advice from a family lawyer in India to ensure compliance with both Islamic and Indian law applicable in the matter.
It appears that you have pronounced divorce by Talaq ahsan.
Talaq Ahsan is a type of divorce in Muslim law that is considered the most proper and acceptable.
In Talaq Ahsan, a husband divorces his wife by making a single pronouncement of divorce during the period of Tahr, when the wife is not menstruating. The husband must also not have had sexual intercourse with her during this time.
Another type of legally valid talaq is by pronouncing
Talaq Hasan.
The husband divorces his wife by making three pronouncements of divorce during the wife's menstrual cycles.
However both are legally valid.
But in case you have got your marriage subsequently registered under special marriage act then you may have to file a suit for declaration to declare the dissolution of your marriage by talaq as valid before a civil court in India for proper adjudication.
A husband can legally divorce his wife by pronouncing ...Talaq.. three times over a period of three months, documenting it in a Talaqnama, formally notifying the wife, and observing the waiting period (iddah), after which the divorce is finalized...
Contact the Qaziyat Daftar of your jurisdiction where the Nikah was performed.
It’s better you send a notice and then file a petition for divorce under shariat act in family court
In this situation, although the groom has verbally pronounced "Talaq" once, it is important to understand that Islamic law generally requires the talaq to be pronounced three times, with a waiting period (iddat) to ensure clarity and finality. Since both families are Sunni Muslims, the next step should be to consult a lawyer who specializes in family law and Islamic divorce. The lawyer can guide the groom through the proper procedure and help draft the Talaqnama, a formal written document recording the talaq. This should be done in accordance with Islamic law and signed by the husband, with witnesses from both families or community elders. The local Qazi (Islamic cleric) who performed the marriage may also be involved in finalizing the talaq. Once the talaqnama is prepared, a formal letter notifying the wife and her family should be sent, preferably by registered post or courier, to ensure proof of receipt. The wife will then observe the iddatperiod, typically three menstrual cycles, after which the divorce becomes final. It is also important to ensure that the talaq is legally recognized in both India and the U.S., especially considering the groom’s American citizenship. For assistance in drafting and finalizing the talaq process, I recommend scheduling a consultation to ensure all legal formalities are correctly followed and the process is completed smoothly.
- As per law, the Talaq by the Qazi is not valid in India, and further the boy cannot delete the name of his wife from his documents like passport etc. on the ground of Talaqnama issued by the Qazi.
- Further, the divorce only by way of mutual consent of both the parties i.e. Talaq by way of Khula and Mubarat can be validate from the Court.
- Hence, the boy can file a petition before the Court for getting decree of divorce if the marriage is not consummated.
Navigating a divorce under Islamic law as an American citizen married to someone in India involves several specific steps and considerations, particularly given the changes in Indian law regarding "triple talaq." Here’s how to proceed under the current legal framework:
Understanding the Legal Context:
Triple Talaq Law in India: As of 2019, the practice of instant triple talaq (pronouncing "talaq" thrice in one sitting) has been criminalized in India. The law requires that talaq (divorce) must follow a prescribed process that gives both parties time for reconciliation and ensures that the rights of women and children are protected.
Legal Talaq Process: Since the pronouncement was made only once and not in three separate sittings, it is considered an initial step in the talaq process under Islamic practices. However, formalizing this requires additional steps both religiously and legally.
Steps to Proceed with Talaq:
Consult an Islamic Scholar or a Qazi: To proceed correctly according to Islamic practices, the groom should consult with an Islamic scholar or the Qazi who performed the marriage. They can provide guidance on the correct procedure for talaq, which usually involves a waiting period (iddat) and attempts at reconciliation.
Legal Advice: It's crucial to seek legal advice from a lawyer who is well-versed in both U.S. and Indian law, especially family law related to international and inter-religious marriages. This lawyer can guide you on the implications of divorce proceedings carried out abroad and how they are recognized in India.
Talaqnama (Divorce Deed): A formal Talaqnama should be drafted. This is a document that officially records the divorce. The Qazi or a legal expert can help draft this document, which should then be signed by both parties if possible, indicating mutual consent to the divorce.
Sending the Talaqnama: If the wife is in India and the husband is in the U.S., the Talaqnama can be sent via registered post or courier to ensure there is a record of her receiving it. Additionally, a formal letter accompanying the Talaqnama should explain the situation and the husband’s decisions clearly and respectfully.
Registration of Divorce: Depending on the requirements of both U.S. and Indian authorities, you may need to register the divorce legally in both countries. In the U.S., this process might involve filing for a legal divorce in the state where the husband resides. In India, the divorce should be registered with the appropriate local family court or with the assistance of the Qazi who can certify the religious proceedings.
Addressing Financial and Other Obligations: If there are any financial or other mutual obligations between the parties, these should be clearly mentioned and settled in the Talaqnama or through mutual agreement, documented legally.
Consular Services: Since the groom is an American citizen, he might also seek advice from the U.S. consulate or embassy in India regarding the process and any necessary paperwork.
Conclusion
Proceeding with a talaq from abroad requires careful consideration of both Islamic and secular legalities. Maintaining respect for both religious procedures and legal requirements is crucial in ensuring that the process is handled properly and does not lead to further complications.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.
