• Divorce of government employee

I am a government employee. My wife has desserted me for one and half years. I made several attempts to bring her back, but she was not willing. I send her a lawyer notice to come and join me as my wife, and her reply was very vague. She neither saind not willing to come nor she is willing to come. Then I filed a case in family court under restitution of mutual rights act. For that also, she is dragging the case. In this scenario, if I divorce her by pronouncing talas, will it effect my job. Can I remarry after pronouncing Talaq ? OR shall I have to wait until the divorce is decreed from court ?
Asked 6 years ago in Family Law
Religion: Muslim

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20 Answers

Now you don't go as per talaaq follow the court proceedings and get the experts order from court. 

 

How to take experts order of divorce I will tell you. 


Your job will not I  trouble but you have to check your office rules and regulations if divorce proceedings is running in the court etc. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Muslim Personal Law permits a man to marry more than one woman, the code of conduct for the government employees promulgated in 1960 demands special permission from government to engage in another marriage contract while the first wife is alive.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Don`t follow triple talaaq, criminal offense and may affect your job. Talaaq by hasan, Ila, zihar is advisable and certificate issued by quazi.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Withdraw your RCR petition 

 

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

 

3) divorce should be preceded by attempts at reconciliation 

 

4) you can issue 3 consecutive monthly divorce notices to wife 


It would not affect your job 

2) you can remarry after divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

To remarry legally divorce decree must be obtained.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No it will not affect your job

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you can pronounce her talak by giving first talaq notice then giving her traditional talak other the. 3 talak as per muslim personal law and then file declaration of dame before the family court.

Further withdraw restitution petition from the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can divorce her by one of the procedures not considered illegal.

That would not affect you job and other things.

For rcr if she is not coming then that is a fit case for divorce.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.

- So, you are not advised to pronounce Talaq to her , otherwise you will have to face consequences.

- Since, you have filed restitution of conjugal rights for getting an order for rejoin the matrimonial life, hence alternatively he you can approach for divorce , and even Talaq. 

- Further, as per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage, but being an government employee you will have to take permissioin from the same under the service rules, and which is very much for all religion.

- As per Supreme Court, The Conduct Rules of the government is for its employees, which mandates prior permission for contracting second marriage during the existence of the first marriage, is not violative of Article 25 of the Constitution. This judgement was passed against a muslim husbands petition. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Pronouncement of triple talaq is punishable offence now in case you do you can be arrested and penalized for a period of 3 years in case your wife has deserted you,  you can file a regular divorce petition accordingly as your wife is not bound to answer the Restoration petition you have to file your divorce petition like normal divorce petition and contest the case you cannot marry without the permission of your wife as this is also prohibited without proper divorce or permission what ever is the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) It is not compulsory to get divorce from court 

 

2) you can issue 3 consecutive monthly divorce notices to wife after attempts at reconciliation fails 

 

3) reasons should be mentioned for divorce pay her maintenance during iddath period 

 

4) you can then remarry 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In pronouncement of talaq this sharia law will prevail and you have to complete triple Talaq in different occasions bye pronouncing single talaq yo will not be able to marry

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes talaq as per muslim personal law is accepted as there is no legal prescribed way for muslim man to file for divorce in court.

As you are government employee and to avoid legal Hassel's you can file declaration of divorce before the court.

See if you are pronouncing talak and then filing for declaration then you can wait pending petition in court, also in case just you are pronouncing it and not going for court procedure you can marry.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The talaq Hasan or talaq Hasan is the legally recognized form of talaq,  you may complete the process and since you are a government servant,  file a declaration suit to declare the dissolution of your marriage as legally valid, after that you can get married again without any legal hassle. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since you are a government employee,  she may submit a complaint against you for the offence of bigamy then it may be a danger to your employment. 

You may have to be very cautious while initiating any legal steps,  because any hasty step may become fatal to your own life. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Pronouncing talaq on her in accordance with shariah does not have any impact on your job.

2. You are free to remarry after talaq unless talaq is stayed by the court. She can challenge talaq in the civil court.

3. If she files FIR against you for 498A/406 then apply for anticipatory bail forthwith.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Triple talaaq in no case. Other forms to repudiate marriage in islam is valid, no need of court order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No being muslim you are governed by personal law and its valid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

talaqnama issued by a qazi is a valid document nullifying a marriage and in that case a court decree is not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No you cannot divorce her by pronouncing divorce you have to send her three notice for three consecutive months for divorce.

After that you can give her talaq and marry again. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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