• How to save myself from false triple talak case

I married on 01.01.2017. in November 2018 i found that my wife has affair so i send her to her mother home in November 2018 ane refused her to come back. 
After four months she filled flase 498a and Domestic violance case against me and my family and Force me to take her back but i don't want to take her back.

 I gave her only one talak on phone verbally.

My question is how to save myself from false triple talak case before it passed by president.

Please guide me.
Asked 6 years ago in Family Law
Religion: Muslim

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17 Answers

It will be an offense if committed after law get president assent. prospective effect.  No case agasint you.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

There is no way to save your self if you feel apprehensive then you can take anticipatory bail in the same. 

Prashant Nayak
Advocate, Mumbai
34742 Answers
251 Consultations

No back date talaqs are offense but future one. But it should be given before supreme court order otherwise not valid.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See still act is not implemented and signed by president you send her a talaq as per Muslim law in written in other form then in triple talaq.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

That's why I told you to file and get anticipatory bail. You can also file a complaint in police that she is threatening to implicate in triple talaq matter

Prashant Nayak
Advocate, Mumbai
34742 Answers
251 Consultations

1) you can divorce your wife as per Muslim personal law 

 

2) divorce should be preceded by attempts at reconciliation 

 

3) if reconciliation fails issue wife 3 consecutive monthly divorce notices 

 

 4) reasons should be mentioned for divorce 

 

5) return her Meher amount and pay her maintenance during iddath period 

Ajay Sethi
Advocate, Mumbai
100080 Answers
8172 Consultations

Don’t proceed with verbal talaq . Divorce her as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
100080 Answers
8172 Consultations

1) issue wife arbitration notice 

 

2) then divorce her as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
100080 Answers
8172 Consultations

No, she can't file case under new bill passed of triple Talaaq as she is residing at her parents house from last 8 months plus she had filed 498a against you.

 

So you can continue case under Special Marriage act divorce case further too.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See burden of proof is on wife she need to give evidence of same so you cannot be convicted in same as she has no proof and leaving separately from 8 months. 

Give her talak notice inn prescribed format to take divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Firstly, to safeguard yourself, try to collect evidence to prove that the allegations being made against you are false. These may be in the form of recordings, sms etc.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

To frame you in a triple talaq case, she will have to demonstrate that you gave her instant triple talaq, which isn't the case here. 

 

To safeguard your interest henceforth, file a petition for restitution of conjugal rights against your wife.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

You can prove the matter as you have already given one colour now this bill is effective as the notification is already in force now the triple Talaq bill has been passed and it is now an act after the signature of the president you have to do in police investigation that you have not given 3 talaq letter and interest you want to go for the lock then you have to follow the procedure as laid down in there to get the divorce accordingly

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you apprehend fear of legal action due to the latest law on triple talaq, you may file a divorce suit against her in the civil court directly or a declaration suit to declare your marriage as dissolved for the reason that you have divorced her as per Muslim personal law.

 

T Kalaiselvan
Advocate, Vellore
90283 Answers
2511 Consultations

Did you convey your decision to divorce her by pronouncing talaq to  her by any communication, if so then after waiting for three months, you may  follow the next procedure on this by sending the meher  amount to her in this regard which is confirmation of your divorce and then file a declaratory suit to declare this divorce as legally valid.

 

T Kalaiselvan
Advocate, Vellore
90283 Answers
2511 Consultations

The latest forbids you from making instantaneous pronouncement of triple talaq and not preventing you from pronouncing triple talaq at three different times and wait for three months time to confirm the same, becasue this three months time is meant for reconciliation.

In my opinion, this type of talaq has not been made illegal, or if you are so much concerned file a declaratory suit to declare your marriage as dissolved as  per prevailing law.

 

T Kalaiselvan
Advocate, Vellore
90283 Answers
2511 Consultations

She can file domestic violence case.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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