• Procedure followed by court after 3rd notice of talaq e hasan

1. I am Govt emplyee, married in 2013 as per mohamedan law. no dowry was demanded, mehar was given. male child born in yr 2016. after birth of child , wife left her to native & refused to come back. upon constant pleading she came for brief period couple of times & again returned back to her paternal home & refused to come in oct 2017 even we were residing seperately since marriage , were staying more than 250km from parents. 
a. In oct 2017,Legal Notice sent to her for join me : NO RESPONSE
b. In Nov 2017, Family friends & Seniors went to her home for reconcilition: REFUSED
c. Jamaat was held in dec 2017 : REFUSED TO JOIN ME EVEN AFTER JAMAAT S DIRECTION
d. In feb 2018, Case filed RCR 9 at bnglore court: she brought stay & case transferred
e.Filed case in DV on april 2018 @CDPO offices : 5 counsellings @ CDPO offices failed as she refused to come back
f. she filed 2 cases in court U/125 and another U/ DV act in feb 2019: IM awarded 7000 U/125 
g. withdrawal of RCR filed in court by me August 2019
h. Two Talaaq notice U/ talaq e hasan is issued to her in august & sept 2019: No response from her
i. 3 rd notice to be issued in October month
Query:
1.	 Subsequent Decree procedure after Final & 3rd talaq notice.
2.	What is the stand of court in my case about Decree procedure as mentioned in Rajyasabha gazette India extraordinary BILL No. of XL 2016 published on 5th august 2016 
3.	Shall I remarry without decree after serving Final & 3rd talaq notice.
4.	Is any legal right to my son after Talaaq ,if so whats his claim
Asked 6 years ago in Family Law
Religion: Muslim

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8 Answers

After you have issued her third divorce notice your marriage would stand dissolved 

 

2) pay her Meher amount and maintenance during iddath period 

 

3) your son is entitled to maintenance 

 

4) your ex wife can also claim maintenance from you 

 

5) SC has held 

The 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 two arbiters — one from the wife's family and the other from the husband's; if the attempts fail, talaq may be effected.”

Therefore, the 2002 SC judgment, categorically laid down that for any talaq to become effective under the tenets of Quran, two conditions must be met. One, that talaq must be for a reasonable cause and second, that it must be preceded by an attempt of reconciliation between the husband and the wife 

 

6) you are at liberty to remarry as per muslim personal law 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Yes you can remarry after the 3 rd notice if you have followed the procedure stated in sharia law. 

The child of very young will be given to the mother if there is no problem. After seven he can't be handed over to father. The father is the Guardian in Islam for the child and holds a prority for custody but still there are exceptions in many jurists opinion. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

- Talaq-e-hasan is talaq pronounce in 3 tuhurs ( 2 months/3 menstrual cycle) while she is menstruating.

- Since, you have pronounced talaq after issuing 3 tuhurs earlier to filing the cases by her, hence the Talaq has been compeleted. 

- Now as per law of shariah, you should pay her Meher. 

- Yes, your son has his legal right to claim maintenance from you as per law even after talaq . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

after talaq e ehsaan The decree given by your Kazi is enough and recognised.you can remarry even without divorce . your son can claim maintenance from you . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Better follow conventional way adopted in islam to obtain talaaq. Decree of talaaq from court will take time and wief can contest too.

Get the talaaq declaration from quazi than remarry. otherwise also secodn marriage valid in Islam.

Paternity dose not dissolve on talaaq.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can file divorce case in court after serving 3rd Notice of divorce to your wife. 

You cannot remarry without declaration of divorce.

Yes he can claim your ancestral property even after talaq with your wife. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Talaq-e-ahsan is talaq pronounced in 3 tuhurs(3 menstrual cycle) while a woman is not menstruating. while Talaq-e-hasan is talaq pronounce in 3 tuhurs ( 2 months/3 menstrual cycle) while she is menstruating.

Among the muslims three different form of divorce can be seen-

-Talaq

-khula

-mubarat

The right of talaq is available only to the male member .-khula is that form of marriage which is demanded by the wife but without being sanctioned by a priest khula is consider to be illegitimate. -Mubarat is that form of divorce which is based on mutual consent.

Talaq can be further classified in three types-

Talaq-e -biddat

Talaq-e-ahsan

Talaq-e-hasan

(ii) Talaq Hasan (Proper):

This Talaq is also regarded to be the proper and approved form of Talaq. In this form too, there is a provision for revocation. But it is not the best mode because evil words of Talaq are to be pronounced three times in the successive Tuhrs. The formalities required under this form are as under:

(a) The husband has to make a single declaration of Talaq in a period of ‘Tuhr.

(b) In the next Tuhr, there is another single pronouncement for the second time.

It is significant to note that the first and second pronouncements may be revoked by the husband. If he does so, either expressly or by resuming conjugal relations, the words of Talaq become ineffective as if no Talaq was made at all.

(c) But, if no revocation is made after the first or second declaration then lastly the husband is to make the third pronouncement in the third period of purity (Tuhr). As soon as this third declaration is made, the Talaq becomes irrevocable and the marriage dissolves and the wife has to observe the required Iddat.

It may be noted that the important feature of Talaq Hasan is its revocability before the third pronouncement and its irrevocability after the third. In order to make an effective Talaq, the words must be uttered three times in three consecutive period of purity.

In Ghulam Mohyuddin v. Khizer, a husband wrote a Talaqnama in which he said that he had pronounced his first Talaq on 15th September and the third Talaq would be completed on 15th November. He had communicated this to his wife on 15th September.

The Lahore High Court held that this was a Talaq Hasan. The Court observed that the Talaqnama was merely a record of the first pronouncement and the Talaq was revocable. The Court further observed that for an effective and final Talaq, the three pronouncements must actually be made in three Tuhrs-, only a mention of the third declaration is not sufficient.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

In traditional Islamic jurisprudence, triple talaq is considered to be a particularly disapproved, but legally validform of divorce. ... Muslim marriages in India are considered to be a private matter, unless the couple decided to register their marriage under the Special Marriage Act of 1954.

the declaration must be made in clear terms; the husband must be of sound mind and not coerced. Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The husband is obligated to financially support her until the end of the waiting period or the delivery of her child, if she is pregnant. In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage

The Supreme Court in August 2017 declared talaq-e-biddat unconstitutional and not an essential part of Islam. But triple talaq was not banned. It is still legal and valid. 

A valid divorce through triple talaq follows an elaborate process of separation of man and wife under Islam. The word 'talaq' is uttered three times but not in one sitting. If a man willing to divorce his wife spells talaq once, he cannot spell it again to his wife until the next lunar cycle starts.

The woman has, meanwhile, to prepare herself for the three-month 'iddat' period - technically three menstrual cycles or roughly three months.

During this period of iddat, the man has the right to change his mind or reconcile with his wife. At the expiry of the period of iddat the man pronounces the word talaq third time and divorce is complete.

Divorce is considered complete even if the man does not spell the word 'talaq' for the third time provided he does not revoke talaq after iddat expressly or by consummation. Now duly pronounced triple talaq is final and irrevocable.

You are dissolving your marriage with your wife and have divorced haer, however your son, who has biological relationship with you cannot be divorced, hence he has the rights on you as a biological son.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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