• Wife has affair with her boyfriend

I am Muslim. I got married 3 month back. 
From the beginning I noticed that girl is ignoring me. 
Last month I was shocked to know that girl love someone and still talk to that person. After making pressure on her she also accepted that she had physical relation with that guy. I discuss this with me and her family. May parents told that I should give TALAQ to her. Finally I gave verbal TALAQ on phone no written statement is finalized.

Now, her family members are black mailing us that, they will fire case or demanding a huge amount from us. What we should do to overcome from this big trouble.
Please suggest a best idea so that my entire family can SAVE.
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Muslim
1. Your giving her Talaq is not as per Muslim law,

2. Your said Talaq should have been vetted by a Quazi,

3. If she is still in love with another man, ask her to give you Khulla,

4. Settle the matter amicably to avoid any further problem from her side.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Dear Querist
As per Islamic law the divorce pronounce over the phone is also valid, hence your divorce is valid but you have to send an amount for three months Iddat period maintenance if she is not pregnant, or till her pregnancy and Mahr if not paid.

You have to send the above said amount with the Talaaqnama which should be in writing with the signature of the witnesses.

As per Islamic law, now she is not your wife anymore until & unless she performed the Halala Procedure and remarry with you, so there is no question to return back her in your home, if you are ready to accept her and denied your divorce then as per Indian law you may file a Haque-e-Jojiyat case before Family Court where you and your wife reside lastly or where the marriage was solemnized.

You may contact personally or over the phone or mail after getting my detail from Admin.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi,
 The best thing you can do is get a Talaqnama prepared by your Maulavi/ kazi, inform him what had happened between you. A talque pronounced cannot be taken back. Under sharia law you are divorced , so no other law available to you as a Muslim to go for again a divorce.

According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.

According to Shias, talaaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaaq, is void under Shia law. Here talaaq must be pronounced in the presence of two witnesses.

The words of talaaq must clearly indicate the husband’s intention to dissolve the marriage. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage.
Since you have pronounced talaq go ahead and continue withe the procedure to give a written intimation along with the mehar amount if you have not paid already and a cheque of idat period. It could be an affordable amount by you to your wife for 3 months maintenance . Talaq legally cannot be completed without the formal payment of Mehar and idat .
 Once you do this her claims of threat and blackmail will have no stand. so go ahead and finish it before things worsen.
Why should you file any petition to bring her back if you do not wish it, yes you have a legal option to file RCR (Restitution of conjugal rights)under civil procedure code to ask her to join your marriage, but what about your talque which already pronounced, so it is advisable  not do anything  against the existing sharia law as you are guided by sharia law in the court as well. where as your wife has options to ask for a divorce under The Muslim Women (Protection of Rights on Divorce) Act 1986 and other provisions in different other common  Acts which are made for married women
talk to a Maulavi/ kazi get a talaqnama done send it along with an intimation notice either by your lawyer or the same kazi along withe idat period and mehar amount cheque.
Do not give into the pressure to her black mail and threat. once you finish the procedure of Talaque  she will not be bale to continue with her complaints as a divorced women stands with no right other than mentioned in sharia law,
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
In Talaaqnama all her activities will be written and if after that she filed any case against you or your family then this talaaqnama will help you and her case will be consider as counter blast case.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) you should have gathered evidence of your wife  affair with another man . 

2) verbal talaq on phone is invalid

3) bombay high court has held Talaq must be for reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators, one from the wives family and the other from the husbands. If the attempts failed, Talaq may be effected. In other words, an attempt at reconciliation by two relations, one each of the parties, is an essential condition precedent to Talaq.

4) Islam also recognises the husbands right to give Talaq in front of Qazi or the wives father or two witnesses, both of them being man professing Islam or one of them being a man and other two being women all professing Islam and such a Talaq, either in the Ahsan or Hasan form will be irrevocable. Nevertheless, in this form also the conditions for reconciliation and giving reasons for Talaq are required to be followed so that the husband and wife are restrained from an undesirable act of divorce which leads to several problems in the family.
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) it is better you reach an amicable settlement with your wife . 

2) if your wife moves court to challenge the verbal talaq it would be difficult for you to prove your case that valid talaq  has been given
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. Over phome Talaq is valid but it is required to be pronounced in specific intervals and a Quazi shall have to endorse the Talaqnama,

2. If you file a cse of her return to your home, your said  claim of Talaq will go for a toss.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Yes, for that you shall have to decide whether you will still claim that you had given her Talaq or settle the matter amicably,

2. The grounds you have shown for pronouncing Talaq is very feeble,

3. I suggest that you patch up with her now giving her the last chance to mend her ways.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Patching up with her, if possible, will be the most prudent step from your side,

2. Divorce is considered as the 2nd most stressful event in one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Talaq given by you can be challenged by her in the court which can set it aside as illegal. 

2. File a complaint against her family members fro blackmailing you as this is an offence. 

3. Do not lose sleep over such threats. If any such case is filed against you then contest it on merits by taking pre arrest bail.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. You cannot bring her back to your house without her consent. Even the court cannot order her to return.

2. As I mentioned earlier, she has the right to challenge in a court of law the talaq pronounced by you.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hi, if they lodge a false case no body will stop them you have to face them legally in accordance with law you have no options you have to fight.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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