• Giving divorce without wife's consent

Hello Sir,
    My marriage life has been a troubled one from the start. I cant withstand my wife behaviour/dominancy on me. These were made to notice to her parents and as part of reconciliation we had family meetings/calls 2-3 times but no improvement. At instances she has threatened me filing false police case and also going for women association (I even got threatening call from a women's org for this). Though a painful decision for me with all the sufferings I have gone through I want to terminate this relationship as I dont want to suffer for lifetime. Now since she don't want to leave me I am giving her talaaq without her consent. 
I have some queries regarding that-
1) Writing down the talaaq in front of two witness and later posting it to her. Want to know will the writing can be done on plain paper or on a stamp paper would be good.
2) If on stamp paper then can we notarize it?
3) If she dont accept the letter then will the talaaq be still valid since I have pronounced in front of witness?
4) What if she doesnt leave my house after the talaaq?
5) After receiving the talaaq  what false case she may file and what should I do to be on safer side?
6) What others points I need to consider?

Kindly clarify on the above points.
Thanks in advance,
A harassed husband
Asked 2 years ago in Family Law from United States
Religion: Muslim
1) since you are a muslim you can give talaq as per your personal law . you need not go to court . 

2)for valid divorce there must be  concrete reasons for divorce, settlement of mehr (money given by the husband before marriage), maintenance during iddat (the three months of abstinence after divorce) and return of the wife's belongings.

3) talaq should be preceded by attempts of reconciliation and pronounced in presence of witnesses 

4) talaqnama should be sent to wife by registered post and must mention reasons for divorce . 

5) it need not be on stamp paper 

6) your wife can challenge talaq if no reasons mentioned for divorce . you will in such case have to lead evidence to show that talaq was given to her  in presence of witnesses  and her meher amount returned . 

7) your wife can seek maintenance from you even after divorce . 

8) better consult a local lawyer before you pronounce talaq
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
1. Writing is not enough even if stamp paper. You have to do this in front of 2 witnesses and registered quazi who only after your pronouncement of triple Talaq is competent to issue Talaqnama.
2. Neither stamp paper nor notarization will do only Talaqnama issued by registered Quazi has legal force.
3. After issuance of Talaqnama you have to send this by post along with Mehr amount.
4. Nothing doing except to pray to god.
5. She cna anyway dispute validity of Talaq and file 498A case along with case for maintenance.
6. Try to reconcile either for peaceful co-existence ir for wilful Talaq in which event you can give talaq in her presence and the Quazi.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. A muslim can give talaq by pronouncing triple talaq on his wife. Under Shariat, your talaq is valid provided pronouncement has been done in presence of witnesses and there is written intimation of the same to your wife. A valid divorce under Shariat can only take place in the presence of a Qazi and for the same Qazi issues a certificate. Qazi's certificate will be sufficient to validate the divorce. Although in recent times, oral or triple triple always get challenged in courts. 

2. Stamp or Notarization alone shall not suffice. 

3. There have to be legally valid grounds for talaq. Mehr and maintenance should be settled.

4. Talaq given by you can be challenged by your wife in the court, in which event you will have to prove that the grounds of talaq existed and talaq has been given in accordance with the Shariat. 

5. Your wife can not only challenge the validity of triple talaq in the court, but also seek maintenance from you. She may also file a criminal case for dowry harassment.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1. You shall have to pronounce talaq thrice iin presence of two witnesses. A egistered Qazi shall have to issue the said talaqnama which shall have to be posted by you to your wife by registered post,

2.Talaqnama does not require any stamp paper,

3. You shall have to send te Talaqnama with Mehr,

4. File eviction suit,

5.She can challenge the said talaqnama in the Court of law and also file retaliatory cases like DV case, maintenance case, complaint u/s498A of IPC etc.,

6. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Dear Querist
You may pronounce talaq thrice before two witnesses who also should be Muslims. 
After that send a talaqnama with the mahr amount if unpaid and three months iddat period maintenance and if she is pragnent then the maintenance till her delivery via speed post or register post with acknowledgement. 
It may be on plain paper.  Stàmp is not  required. 

Talaq will be valid. 
Without due procedure of law you can not throw out from your home.

She may file a complaint under section 12 of domestic violence act read with section 17 - 18 / 20 / 22 / 23 of DV act and claim maintenance from you and claim a right to resident in her matrimonial home. Claim compensation. 
She may file a criminal case under section 498A / 406 of ipc against you and your family members for dowry demand and harassment before court or police. 
She may file a maintenance case against you before family court under section 125 of crpc.

It will be better for both of you try to settle the matter amicably with the help of the elders friends and relatives.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
In your case, the triple talaq pronounced in the absence of wife will be valid if the same was done in the presence of a qazi and two other witnesses. it can also be on a plain paper, stamp paper is not necessary however it is advisable that you make it on stamp paper. on the basis of the pronouncement made by you, the qazi will have to issue a certificate pronouncing you and your wife to be legally divorced. the certificate issued by the qazi and the plain paper will then be required to be posted to your wife.

These days, such talaq is challenged in the court stating it to be not proper since the mehr and maintenance etc is not settled during that time. the grounds of divorce need to be proved in the court and the alimony be settled. the stridhan be returned.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
in sunni muslim personal law no witness is require at the time of talaq( either written or oral) only shia requires 2 witnesses at the time of talaq.  talaq may be given orally. no qazi is require at that time. it can be said before any person and it can be said in any state of mind( in sunni law).
after giving her triple talaq you should convey it any meand that it came in her knowledge. no matters either she accept it or refuse it( in both sunni and shia law). she is liable to obey iddat period and leave matrimonial home. you must pay mehr at the time of talaq and give maintenace  up to iddat period.
she has right to file petition under DV act but she can't claim residential order because it is against the muslim personal law. she can claim maintenance under DV act or under section 125 cr.p.c.
you should not file any cross case against her and be ready to maintain her up to remarriage.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0

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