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.

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.

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,

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.

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.

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

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.

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.

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.

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.

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.

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.