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Can a muslim wife file rcr after receiving talaqnama which is legally not valid?
Asked 4 years ago in Family Law
Religion: Muslim

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14 Answers

Hello,

Yes you can file according to Special Marriage Act.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Shariah Law allows for three divorce declarations in any one marriage; the first two divorce declarations of which are revocable; but if one pronounces a third or final declaration of divorce, that would be considered irrevocable.

after final declaration wife and husband are strangers, marrige is invalid .

So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

If the husband has divorced his wife (1st or 2nd divorce), and wishes to take his wife back before the iddah or waiting period of divorce has expired (three menstruations or birth if wife is pregnant)..indeed there is absolutely no need or requirement for the couple to perform a new nikaah between them.

A new nikaah is a requirement only if the couple wish to reunite again after the expiry of the iddah or waiting period of divorce. If the husband revokes the divorce before the expiry of the iddah, there is absolutely no need to perform a new nikaah for the couple to reunite as a husband and wife again.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-2:

1 O Prophet! When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Better if wife files 125 crpc for maintenance instead of RCR, there are judgements too

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Declaration suit under section 7 family court act has to filed to declare that the marriage is valid and the divorce given is not valid and as per the prescribed guild lines and the Shariyat law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See Mam ap talaq ko contest krne jaoge to court case ka bad bhe husband wapas talaq de skta hai apko shai procedure sa and you cannot stop him the best thing to do is file for maintenance for you and your child and go ahead with your life

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

First, challenge the talaq that has been pronounced by you husband, since the same does not specifies the ground of talaq. Also, challenge this talaq on the ground that the same is not compliant with Sharia. Thereafter file a RCR petition and get both the matters clubbed together.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Simply file a case under section 125 Cr.p.c., and also file a case under section 498A IPC.

Regrads.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Wife can file petition for declaration that marriage is valid and subsisting

2) seek orders to set aside talaqnama as it was not pronounced as per Muslim personal law

3) Meher amount not returned nor maintenance paid during iddath period

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Seek orders to set aside talaqnama as divorce not pronounced as per Muslim personal law

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You can challenge this divorce in court it normal required formalities under Sharia law is not followed this has all the elements to challenge in court

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

agar aapke shohar iddat ke din aapke sath nahi guzare aur aapko in dino mein maintenance nahi diya ho to aapka shariat ke hisab se talaq nahi hua hai.

aap unko kanooni notice bheje kisi lawyer ke zaraye se aur Domestic violence aur dowry case file kariye unke khilaaf aur sab se pehle ek baar aap apne state ke Mufti sahab se fatwa hasil kariye uss fatwe ko affidavit banakar case file kariye behtar rahega.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The talaqnama whether legally valid or not canot be decided by anyone even though there are laws stating that certain from of talaq is not legally valid.

The RCR petition may not be maintainable if she is in the knowledge of the said divorce pronounced by her husband.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

The talaq already pronounced by him following the shariah rules cannot be revoked at this stage, the courts will not interfere in this decision which comes under personal law.

Hence the RCR petition may not be maintainable.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Muslim women entitle to maintenance even after divorce.

File for maintenance as wedded wife, than he will seek remedy - divorce granted than you can challenge the same that talaq conditions not duly followed and and mere statement of the husband or the proof in support thereof by way of Talaqnama or deed of divorce or certificate of divorce will not be sufficient to prove talaq.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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