1. She might then file a case for maintenance or something like false case of harassment, or may be she just want you to initiate in order to not face the society.

2. If she has the right of khulla as per the nikahnama then she can exercise, the same is not invalid in the eyes of law.

3. Yes, she can file the case, but she will have to tell the reason for the delay.

4. If she is well qualified then you can contest her maintenance petition on this ground.

Regards

1) wife can file DV case after 1.4 years

2) she is entitled to maintenance

3) you can issue wife arbitration notice to reconcile your difference

4) if there is no response then issue 3 consecutive monthly divorce notices

5) reasons should be mentioned for divorce

6) return her meher amount and pay maintenance during iddath period

1) the intent can be harassing you after wards saying that she donot want divorce and keep you hanged up in proceeding but in Muslim law you can get a divorce by traditional method except teen talak or the society or for false dowry and domestic violence cases along with maintenance.

Maintainance can be the reason as you we file divorce than it will look like you want to leave her and she can demand more maintenance and alimony.

2) only the 3 talaq is banned and criminalised rest khulla is not invalidated it is in practice.

3) Yes she can file a Dv case after 1.4 year along with other cases

4) She is legally wedded wife she is entitled to maintaince under The muslim women(protection of Right on Divorce ) Act.

Dear Sir,

My answers are as follows:

1) What would be her intention for forcing me to initiate the talaq and not from her side? What is the disadvantages if I initiate the process?

Ans: No disadvantage for you to initiate divorce from your side. The only advantage for her is to claim some alimony from you. If she files divorce the Court may not grant alimony to her.

2) She says the law has changed now (as per her lawyer) and the Khulla doesnt hold good for now. Is this right?

Ans: Yes, recently the Supreme Court held so. The details are given below:

3) Can she file a DV or any other case after 1.4 yrs?

Ans: She may file but you can approach to High Court and either stay it or quash it.

4) Is she eligible for maintenance?

Ans: Till her next marriage she is entitled for maintenance.

India court bans Islamic instant divorce in huge win for women's rights

Controversial practice of ‘triple talaq’, which allows men to dissolve marriages instantly, declared unconstitutional

An Islamic practice permitting men to instantly divorce their wives has been declared unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.

The “triple talaq” has allowed Muslim men to dissolve marriages by pronouncing the word “divorce” three times.

The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench declared on Wednesday that triple talaq was “not integral to religious practice and violates constitutional morality”.

Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.

“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), an activist group that was party to the legal battle.

“We, the Muslim women, are entitled to justice from the courts as well as the legislature.”

The Indian prime minister, Narendra Modi, also welcomed the verdict:

Divorce Under Muslim Law

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.

Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.

Divorce by husband/wife

A Husband may divorce in the following manner-

1. Talaq: which is release from the marriage tie immediately or eventually.

2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.

3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.

A wife may divorce in the following manner-

1. Talaqetafwiz: talaq by the wife under the husbands delegated power.

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act.

1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.

2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.

WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939

A Muslim woman may file for divorce on the following grounds-

1. That the whereabouts of the husband have not been known for a period of 4 years

2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.

4. That the husband has failed to fulfill his marital obligation for a period of three years.

5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.

6. That the husband was impotent at the time of marriage and continues to be so.

The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.

DIVORCE TRIPLE MUSLIM TALAQ BANNED BY SUPREME COURT

The Union government has told State governments to urgently revert to the provisions of a draft law to deal with instant triple talaq or Talaq-e-Biddat that provides for a maximum jail term of three years.

Top sources in the government said it was planned to introduce the proposed bill in the coming winter session of Parliament that starts on December 15.

Once the proposed Muslim Woman Protection of Rights on Marriage bill is approved by Parliament, the law will adjudicate all cases of instant triple talaq across the country, except Jammu and Kashmir.

As per provisions of the draft bill, accessed by The Hindu, a husband who resorts to instant triple talaq can be jailed for up to three years and be fined. Instant triple talaq in any form — oral, written or electronic form — has been banned and made a cognizable offence.

Subsistence allowance

The bill also provides for a subsistence allowance of a harassed Muslim woman and her dependant children and the custodial rights of minor children.

In August 2017, the Supreme Court passed a landmark judgement, calling instant triple talaq as illegal and unconstitutional. However, government sources, citing data, say even after the judgement there have been 67 cases of instant talaq.

Before the August 22 judgement, there were 177 cases of instant talaq, with Uttar Pradesh and Bihar recording the maximum number of cases.

Post the Supreme Court verdict, Prime Minister Narendra Modi had set up a group of Ministers that included Finance Minister Arun Jaitley, Home Minister Rajnath Singh, External Affairs Minister Sushma Swaraj and Law Minister Ravi Shankar Prasad.

The issue of ending instant triple talaq was a part of the BJP’s campaign in the Uttar Pradesh elections and the party believes it paid dividends among Muslim women.

Hi, the Muslim family law bill is yet to be passed by the parliament.. The triple talaq has been termed unconstitutional by the Supreme Court .. However , she can file a complaint under domestic violence

1. This could be due to her intent to seek monetary benefits from you. She might challenge the talaq given by you(though fully legal in accordance with the sharia laws) as illegal in a court and claim alimony from you. Having said this, I do not perceive any difficulty in you initiating the divorce process.

2. That's not true! she can exercise her right to khula if you have delegated the same to her under the nikahnaama.

3. Yes, she can file both DV and 498a case.

4. No, if she's highly qualified and capable to earn and sustain herself.

She doesn't want to take the blame on her. Khula is valid. She can file any case by misusing law but you dont have to worry. She is not eligible for maintenance as she is earning.

1. Triple talaq with the consent of wife sis till valid and hence you can give her talaq in three consecutive months before the Quazi and 2 witnesses and in presence f your wife.

2. This is not right at all.

3. Yes, she can file such cases even now.

4.If she is wife she will remain eligible for maintenance during her lifetime unless she remarries.

5.You can ask her to apply for divorce under Muslim Marriage Dissolution Act also in a civil court wherein with your consent the court pass decree.

She is eligible for maintenance if she wants to under Sec 125 crpc. In case she's educated and you people have no kids court may not grant maintenance.

Khulla is way of wife divorcing husband by wife and give back mehr.She can file dv case. Better you file for talaq if she's wanting to give you talaq. There will be no disadvantage if you initiate process. Her lawyer must have misguided her she can file under Muslim marriage disssolution act in cOurt for divorce.

1. There is no advantage or disadvantage whether you initiate the process or she does it because in any case either of you are going to approach court of law for dissolving your marriage instead the dissolution shall be as per Shariah law.

If she has a plan to claim maintenance she can claim the same even if she initiates the divorce process.

So, if you feel that she will not return to the matrimonial fold once again then you may initiate process for pronouncement of 'talaq' as per Sharia laws.

2. There is no such changes yet. The Khula is also a valid form of dissolution of marriage as per Sharia laws.

3. Since the domestic violence or dowry demand harassment are considered to be continuous offence, she may initiate the process if her intention is to avenge you.

4. As a legally wedded wife and until she has not remarried she is eligible for maintenance under section 125 cr.p.c