• About Muslim divorce

I m Muslim women.my husband give me one talaq three month ago.when he says talaq there is no weetness and I m on my piriod.I don't accept this talaq but my husband says I give u talaq so now ur not my wife.I asked different molana but some says I m his wife and some says I m not..so I confuse.I read quran. In surah talaq.. Allh says that talaq gives wife in purity time means not in piriod tym.and two weetness needed.but molana said weetness not necessary.and I not signed any talaqname or nikahnama..my husband is in SBI..he wants memerry soon..so I want to know that without legal divorce he can remerry?pls guide me.
Asked 3 months ago in Family Law from Ahmedabad, Gujarat
Religion: Muslim
You file petition in famil court for declaration that marriage is valid and subsisting 

2) for valid talaq it has to be preceded by attempts at reconciliation 

3) reasons should be mentioned for talaq a d you should be paid maintenance during iddath period and your Meher amount should be paid 

4) seek an injunction restraining husband from remarrying 

5) also seek maintenance from husband 
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

Hello mam, triple talaq has been declared as unconstitutional and invalid by Supreme Court 
Hemant Chaudhary
Advocate, Gurgaon
3329 Answers
15 Consultations

4.9 on 5.0

The ahasan talaaq: consists of a single pronouncement of divorce made in the period of tuhr (purity, between two menstruations), or at any time, if the wife is free from menstruation, followed by abstinence from sexual intercourse during the period if iddat. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing. Similarly, this requirement is not applicable when the wife has passed the age of menstruation or the parties have been away from each other for a long time, or when the marriage has not been consummated. The advantage of this form is that divorce can revoked at any time before the completion of the period of iddat, thus hasty, thoughtless divorce can be prevented. The revocation may effected expressly or impliedly.

So in your case the divorce is not valid.
File a application before family court declaring your marriage valid and seeking maintaince from your husband.
Also pray for restraining order so that your husband doesnot remarries before valid talak.

Also mehr and maintainance in iddat period given by him or not??
Shubham Jhajharia
Advocate, Ahmedabad
4425 Answers
12 Consultations

5.0 on 5.0

Yes SBI is government of india undertaking.

SBI has its own service rules and under sbi employment rules it is not allowed to remarriage before a valid divorce he cannot have two wives.
Shubham Jhajharia
Advocate, Ahmedabad
4425 Answers
12 Consultations

5.0 on 5.0

Husband would be governed by service conduct rules laid down by SBI 

2) you have to file petition to challenge the single talaq given by husband as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

That talaq is unconstitutional by Supreme Court in its recent judgment. He cannot remarry till he gets legal divorce decree from the family court. You can approach high court of gujarat for the same. 
Nimit Shukla
Advocate, Ahmedabad
3 Answers

4.0 on 5.0

First triple talak has been banned. Your husband has to take proper divorce from court. Best is file maintenance case against him
Aveek Bose
Advocate, Kolkata
502 Answers
2 Consultations

4.7 on 5.0

Dear,
        As you mentioned he is in sbi, so it's a govt. undertaking organisation and in 
        their rules, they will not allowed second marriage of your husband, without taking 
        legal divorce from you.
        You are right that divorce gives only in purity time of wife.
        
Tarun Agarwal
Advocate, Jaipur
342 Answers
1 Consultation

4.9 on 5.0

For this Talaq to be valid, this ought to have been pronounced at a time when you not undergoing your periods. More over, talaq-e-hasan involves 3 pronouncements of divorce over a course of 3 months.

The instant Talaq to me appears to be a triple Talaq which has been declared as illgel by the Supreme Court.

Lodge a FIR against your husband for giving you Triple talaq.

Also, challenge this Talaq as illegal in a suit before the Family Court.
Vibhanshu Srivastava
Advocate, New Delhi
5939 Answers
76 Consultations

5.0 on 5.0

For this Talaq to be valid, 3 pronouncements thereof we're required to be given over a course of 3 months.
Vibhanshu Srivastava
Advocate, New Delhi
5939 Answers
76 Consultations

5.0 on 5.0

Dear,
       yes it is possible, plan a healthy weekend with him, go out.
        As you are in gov. job also, he don't want to loose you.
       You are still a legal wife of him.
       Don't worry
Tarun Agarwal
Advocate, Jaipur
342 Answers
1 Consultation

4.9 on 5.0

mere pronouncing one talaq does not dissolve the marriage 

2) file petition for declaration that marriage is valid and subsisting before family court as advised herein above 
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

Go and enforce your marriage in family court or high court if you want to save your marriage. You are still his wife as per the law. 
Nimit Shukla
Advocate, Ahmedabad
3 Answers

4.0 on 5.0

Your divorce is not valid as shasan talak also file a application before family court declaring your marriage and restraining husband second marriage.

Shubham Jhajharia
Advocate, Ahmedabad
4425 Answers
12 Consultations

5.0 on 5.0

This kind of talaq is valid.
The latest judgment by supreme court with regard to triple talaq says:

Triple talaq — or the practice whereby a Muslim husband pronounces talaq (divorce) three times to end a marriage — has two variations. One variation is to pronounce talaq three times in one sitting, either verbally or through various written media such as phone call, letter, WhatsApp, Skype, SMS and the likes. The other is to pronounce a talaq each over three months.

The triple talak (instant) hass been unconstitutional by 3:2 majority verdict by supreme court.
However, it seems the practice of triple talaq was declared as unconstitutional by a 3:2 majority of the court. It was the instant triple talaq which was at the centre of countrywide debate due to its arbitrary use by Muslim husbands.
This means the Muslim husband will continue to have his Sharia-based right to unilaterally divorce a wife.
The unilateral divorce by a Muslim husband happens because Muslim husbands are not permitted to go to court to effect divorce — and also because the right of divorce in Islam belongs to the husband, not to the wife. Accordingly, a Muslim wife in India can seek, not give, divorce either through a court or through Islamic clerics.
T Kalaiselvan
Advocate, Vellore
38002 Answers
409 Consultations

5.0 on 5.0

he pronounce only one talaq not triple talaq.because of SC judgement..and I want to know that SBI employee is consider as gov.employee? What kind of service rules apply on him?

Whether he is a government employee or not, the Muslim husband will continue to have his Sharia-based right to unilaterally divorce a wife. From the reports in the media, it doesn't appear that the Supreme Court has addressed this issue of unilateral divorce.
T Kalaiselvan
Advocate, Vellore
38002 Answers
409 Consultations

5.0 on 5.0

I don't want maintenance from him..because I also have gov.job..but I want save my merraige.. I want my husband back..is it possible?and after pronouncing one talaq I m still his wife or not? According to law..because I have not any talaqnama or divorce peper..plz guide me..

Once it is decided by him to dissolve the marriage had taken valid legal steps ion this regard, you may have very less chances to save your marriage.
No doubt you can file a suit to declare that this is invalid let him appear  before court to nullify your claim.
T Kalaiselvan
Advocate, Vellore
38002 Answers
409 Consultations

5.0 on 5.0

you are still his legally wedded wife 

2) talaq has been pronounced  without following due procedure 

3) talaq should have been preceded by attempts at reconciliation 

4) reasons should have been mentioned for talaq and meher amount returned to you 
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

Refer to my first comment for a valid  ahasan talaaq a single pronouncement of divorce made in the period of tuhr (purity, between two menstruation), or at any time, if the wife is free from menstruation, followed by abstinence from sexual intercourse during the period if iddat. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing.

See if he made single pronouncement not according to condition than talaq is not valid . 

See for Muslim divorce there is no specific law for man so for that there are only personal Muslim law are applicable.
So it is better to contest if divorce taken wrongly further i see no use if your husband donot want to live with you then what is use you cannot force him.  

 
Shubham Jhajharia
Advocate, Ahmedabad
4425 Answers
12 Consultations

5.0 on 5.0

A plain reading of basics of talak would reveal that:
There are two kinds of talaq recognised by Hanafi sect of Muslims, they are:
1. Talaq-us-Sunnat (approved form) and 
2.  Talaq-ul-bida (not approved form)

Talaq-us-Sunnat is the divorce which is effected in accordance with the rules laid down in the Quran. 
The Talaq-us-Sunnat is either Ahsan or Hasan;
Talaq-e-Hasan is the approved form of talaq whereas the Talaq-e-Ahsan is the cost approved form of talaq.
The talaq e ahsan consists of one single pronouncement of divorce in a period ot Tuhur (a period during which time a woman is free her menstrual period).  The talaq given during the period of Tuhuris followed by abstaining from sexual intercourse during the period of iddat, which is three months, or if the woman is pregnant until delivery. Within three months the husband can revoke or cancel the divorce.
The second mode of talaq i.e., talaq e hasan is less approved than talaq e ahsan because in order to ill-treat wife the husband used to divorce his wife and revoke it several times.  The Prophet of Islam by rule of irrevocability after third pronouncement indicated clearly that such a practice could not be continued indefinitely.
In any case talaq given in the fit of anger is corrected after the anger has died down in three months.
 Technically the power of the husband to give talaq is absolute.  When a man says to his wife "I have divorced thee", either in her presence or in her absence it means that he has divorced her.

Iddat - Divorced women shall wait concerning themselves for three monthly periods.  And their husbands have the better rights to take them back in that period, if they wish for reconciliation.

Hope the above clarifies your doubts.

T Kalaiselvan
Advocate, Vellore
38002 Answers
409 Consultations

5.0 on 5.0

Talaq is not valid

File petition for declaration that marriage is subsisting as advised herein above 

You would be considered as his first wife 
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

If you are confident and confirmed of the situation that the mode and manner of pronouncing talak is not as per Islam, then you can bank upon the same ground to file a suit to declare the same as invalid.

In the declaratory suit, you may mention and plead only those things which affects you and that are illegal or makes the talak invalid.

Being a government staff, he cannot remarry during the subsistence of marriage without dissolution of the subsisting marriage.

That may be treated as bigamy, but it is your burden to prove that this talak is invalid and you still remain his legally wedded wife.

T Kalaiselvan
Advocate, Vellore
38002 Answers
409 Consultations

5.0 on 5.0

That is Islamic divorce and presently 3 triple talaq is termed as offence. You are right as per the Islamic thing talaq can be given as you said.
Furthermore as per quaranic guidelines discussion, arbitration, witnesses, specified time period or even a genuine attempt to resolve differences need to be followed. The said guidelines are also discussed in Supreme court judgement also.
Prashant Nayak
Advocate, Mumbai
2900 Answers
2 Consultations

4.8 on 5.0

No he cannot remarry , file a application before the family court for declaration that pronounced divorce was invalid and was not as per the personal law.
yes service rules will be applicable and he can be suspended after a departmental inquiry on complaint.

Yes you will be the first wife but you need to take steps to invalidate his divorce and seek a stay order from the family court.
Shubham Jhajharia
Advocate, Ahmedabad
4425 Answers
12 Consultations

5.0 on 5.0

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