• Muslim husband giving talaq letter without wife acceptance

Im a muslim girl. My husband sent talaq letter (divorce letter). I dont accept for divorce. But as per muslim law i cant stop my husband from giving talaq to me. Is there any way to stop my husband from giving divorce?? Im nog willing to give divorce.
Asked 2 years ago in Family Law from Madurai, Tamil Nadu
Religion: Muslim
you can challenge divorce given by your husband on ground that it was done without going through arbitration and presence of witness
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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You can contest the letter which purports to be a letter whereby and whereunder divorce has been granted to you. It can be challenged on the ground that the procedure laid down in muslim law as to the presence of witnesses has not been complied with.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
you can challenge this divorce on ground of your nonpresence or absence of witnesses at the time of divorce. as per new law established by supreme court he is liable to maintenance even after divorce.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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you can challenge this divorce as on a days there is set of procedure which have to be followed before pronouncing the talak and going for valid divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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talak the way have been prounced is not valid
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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he correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators one from the wife’s family and the other from the husband’. If the attempts fail, 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. It is fallacy that a Muslim male enjoys, under the Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to him. “If they (Namely women) obey you, then do not seek way against them” (Quran IV 34). 


in your case there has been no appointment of arbitrators nor has talaq been given in front of 2 witness . hence it is not valid
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
Talaq given by him is legally invalid as there were no arbitrators or witnesses. Some independent witnesses had to join.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
do not worry ,just hire a good advocate in madurai and he will help you,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
as  replied earlier
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
talak nama by your husband mentions reasons for giving you talaq . in addition it is signed by 2 witness . it has been duly served upon you .it is better you consult your lawyer who will advise after going through the contents of talaq nama . 

since there were no attempts at reconciliation made nor any meeting of arbitrators held taalq nama would be invalid
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
take services of an advocate in your area
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
madam you keep on modifying your query based on inputs received .anyhow consult your lawyer now . if contents of letter are false and no efforts were made at reconciliation you ave good case on merits
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
Earlier you had said that no witness has signed the letter. Now you are saying it bears the signatures of two witnesses. If witnesses have signed the letter then consult a lawyer personally to ascertain if the divorce is legally valid.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
If you have filed the case then prosecute it. If the averments made in letter are false then your case has legs to stand on in court.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
file for restitution of conjugal rights against your husband . as per the Holy Qur'an talaq can be granted if  1) it should be for reasonable cause, 2) it should be preceded by an attempt at reconciliation and c) the talaq be effected if the attempt for reconciliation failed.
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0

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