Triple talaq is illegal
2) divorce by mutual consent is valid in India
3)in case any false case is filed of dowry harassment apply for and obtain Anticipatory bail from sessions court
My wife and her father has given me multiple threats of filing false case against me for triple talak in India. Though I live in USA and her daughter and I have already filed for divorce. What should I do to protect myself just in case if they file false case.
Triple talaq is illegal
2) divorce by mutual consent is valid in India
3)in case any false case is filed of dowry harassment apply for and obtain Anticipatory bail from sessions court
1. As you are aware triple talak at one go, is a criminal offence in India.
2. Obtain Anticipatory bail in case the situation worsens.
The wife decides to take the path of vengeance and teach her husband a lesson instead of following the legal recourse available to her. When such a complaint, true or false, is filed by a wife against her husband in a police station which has jurisdiction to entertain such complaint, the police does not immediately lodge an FIR. You can defend yourself and your family from being sent to jail because of the false complaint. Collect as many pieces of evidence as possible. Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe.
If they file false case then contest the same.Please do understand that Triple talaq is illegal .Prevention is always better than cure.
See in case you have already filed case before the Court persue same secondly see in case they are intimidating of false triple talk case you through your family member can file a police complaint before the police that you are being threatened and intimidated for false cases on you and family and you have already filed divorce.
Further in case she file false complaint you need to obtain anticipatory bail and further the trial need to be contested if FIR is registered .
- If anything such has not happened from your side, nothing to be worried.
- If both of you have filed the divorce case then for sure it would be on the mutual ground hence do give your representation in respective court along with documents submitted at the court to justify your stand.
Regards
Vivek Arya
No need to worry about it, if you have filed for divorce in India under special marriage Act. If they threat you kindly ask for proof or evidence at that time in police station. Try to cross question each and every time for any false allegations.
Write a letter to police to place on record the threats given by them to falsely implicate you for triple talaq offence
Also inform in that letter that divorce case is already filed and so there is no question of granting divorce by triple talaq which is an offense
First of all thank you to everyone for the advice and reply. Few follow ups and clarification. 1. Triple talak case is not filed yet but I want to be save because I have been getting threats. What should I do to protect myself before that happens. I know I won't ever speak about triple talak 2. I live in USA and not India but the threats are that they will file against me in India
In your reply to threats mention that you have no intention of giving triple talaq as you are aware it is illegal
2) in case false cases are filed against you contac t a local lawyer in India and apply for AB
1. See for threats and intimidation police complaint can be filed.
2.In US there is no law on same they will file case in India only for that if at all they are filing .
Precautions you need to take never ever utter the word Talaaq or divorce on the phone calls and don't ask to speak your family members with her family members.
If the kazi or middleman speaks it will be better for you.
Dear Sir,
you should make a written complain in the nearest police station stating that the wife is threatening to file false case agianst you.
"Section 4 imposes a maximum sentence of 3 years imprisonment when a Muslim husband pronounces Triple Talaq. The offence is cognizable and non-bailable as per Section 7," the plea said. It claimed that the Act is violative of Articles 14, 15 and 21 of the Constitution and thus, is liable to be struck down
The Supreme Court, in its ruling last year, had banned the controversial Islamic practice that allows men to leave their wives immediately by stating "talaq" (divorce) three times. The top court had called the practice "unconstitutional". Following this, the Muslim Women (Protection of Rights on Marriage) Bill was passed in the Lok Sabha in December 2017 that made triple talaq illegal and void.
It stipulates that instant triple talaq (talaq-e-biddah) in any form – spoken, written, or by electronic means such as email or SMS – is illegal and void, with up to three years in jail for the husband. Under the new law, an aggrieved woman is entitled to demand maintenance for her dependent children.
Records the threats, In case false cases filed against you, you will have proof, no triple talaq committed.
There has to be a proof that you pronounced triple talaq. There has to be an evidence. Otherwise every one would be a victim of such lies.
Regards
You can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by your wife, alternate obtain Anticipatory bail.
- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.
- If, they are giving you threat of lodging case for Triple talaq, then without any further delay , you should lodge a complaint before the police , to protect yourself , after mentioning that your wife and her family members are trying to implicate you false cases and to extort moeny from you.
- You can lodge your complaint online from USA as well or this complaint can be filed by any ralative living in India.
- If, you have already filed a divorce case , then question of Triple talaq does not arise. However, you should produce the aforesaid police complaint copy in the court as well.
You should get certified copy of the petition filed by you for divorce to prove that you have not give triple talaq to your wife at any point of time.
That is why you have filed divorce case.
You can file a plive complaint that they are threatening you. Keep call recording for the same. You can also file for anticipatory bail in the said case
You should record the threats forwarded by a father-in-law and your wife which can be used as evidence letter if they gone to file any false complaint against you.
you can also apply for anticipatory bail in sessions or High Court if you are apprehensive that they will file fabricated cases against you in future in order to avoid any arrest.
1. Try to record the communication. It can be used against them to file case for criminal intimidation under section 503 of the Indian Penal Code.
2. Wife can file complaints against you as case can be filed from the place of residence of the wife, but her allegations need to be proved by her beyond reasonable doubt.
If they file false case against you then you may have to first obtain AB and then challenge their cases in court of law during trial proceedings.
However if you have to travel to India for obtaining AB then you may not be able to return to US for your job purpose, because they may try to get your passport deposited in the court of law till the disposal of the pending case, hence there is a danger of you getting your career ruined if you come to India, so take a wise decision.
The triple talak in one single go is held illegal in India, however there is no problem for pronouncing talaq under talak e hasan or talak ahsan.
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), judicial divorce and oaths.
Talaq-Ahsan:-
a) The husband has to make a single pronouncement of Talaq during the Tuhr of the wife. Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the period of Tuhr is the period during which cohabitation is possible. But if a woman is not subjected to menstruation, either because of old age or due to pregnancy, a Talaq against her may be pronounced any time.
(b) After this single pronouncement, the wife is to observe an Iddat of three monthly courses. If she is pregnant at the time of pronouncement the Iddat is, till the delivery of the child. During the period of Iddat there should be no revocation of Talaq by the husband.
Talaq Hasan (Proper):
(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.
Supreme Court of India declared instant triple talaq unconstitutional in 2017. The ordinance making the practice of instant 'triple talaq' a punishable offence was issued for the third time in less than a year on February 21. Though instant triple talaq is now illegal, you can still exerise your right to give divorce to your wife in accordance with sharia law. Thus, it is still open for you to take recoruse to Talaq-e-Hasan
At any time she files a false case against you in India, you will have sufficient opportunity to defend.