• Divorce under Muslim law (talaq-i-hasan)

Sir, 
I got married on 14 Feb 2018 as per Muslim rituals and custom, and after one year some issues were aroused and I had sent talaqnama/notice as per "talaq-i-hasan" in three consecutive month on 15 July 2019, 16 Aug 2019 and 17th Sep 2019 by registered post to my wife. But 1st talaqnama was received by her and the 2nd & 3rd was not received by her because deliberately she didn't want to receive it. After receiving my 1st talaqnama She lodge an F.I.R against me on 1st Aug 2019 alleging for dowery and domestic related accusations in sec 498A, 504, 506, 323 (3/4), In the F.I.R she is not accepting even my 1st talaqnama, she is saying that I sent her a envelop with blank papers. So here I want to be clarified that...
1) have my divorce completed....?
2) should I need a court decree as a proof of divorce...? As I m a government employ.
3) can I perform second marriage..?
Asked 2 months ago in Family Law
Religion: Muslim

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25 Answers

yes! You definitely need decree from court for divorce.

In Sharia Law, you have given her Talak, now she is "Haram" on you. you cannot be with her as per "Mohammedan Law". but in india, we do not follow Sharia Law. And divorce is not covered under Muslim personal law.

3 talak at once is banned in Indian law.

since you are government employee you need to handle this matter with  ultimate precautions otherwise you may face action under Protection of Women from Domestic Violence act.

  


do not perform second marriage until you get divorce decree from court of law otherwise you may face penal difficulties.

Atavarish Varshi
Advocate, Navi Mumbai
5 Answers
1 Consultation

Not rated

In talaq e ehsan, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked.. 

As per Shariah law your marriage is dissolved . 

yes you can perform second marriage (Aqd e Sani). 

As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage. 

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

As you had sent the letters the divorce is complete. A court decree would be good as it can save you from future problems and you being a government servant it woukd be good.

You can take anticipatory  bail in cases she has slapped upon you.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

1. If it's your claim that she has received it through post and you have sent it then yes it's completed. 

2. Yes you need a decree from court or Talaqnama for the same under your sharia laws. 

3. Yes if you have talaqnama and it's not been stayed in court by wife then you can have second marriage. Even in existence of this marriage you can have second marriage as per Sharia Laws

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Kindly clarify whether you have postal intimation that wife refused to accept service 

 

2) if so then your divorce is completed 

 

3) however you need to pay her maintenance during iddat period and pay her Meher amount 

 

4) you can file petition for declaration that marriage is dissolved 

 

5) don’t Re marry at present 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

1. Acceptance of first talaqnama has no nexus with the FIR. So it does not make any difference to the FIR if she is accepting or not accepting the factum of having received the first talaqnama.

2. Your divorce is complete if the second and third talaqnama was sent through registered post.

3. You are free to perform second marriage if there is no injunction granted against it by the court.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

1. You may file before court for declaration of your divorce and martial status as divorced after court passes an order you may remarry.

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

In hasan talaaq,  the husband is required to pronounce the formula of talaaq three time during three successive tuhrs. When the last pronouncement is made, the talaaq, becomes final and irrevocable. It is necessary that each of the three pronouncements should be made at a time when no intercourse has taken place during the period of tuhr. The moment Husband makes this third pronouncement, the marriage stands dissolved irrevocably, irrespective of iddat.

 

If she take a contention that she got only envelop then it begins a battle and she will challenge the same. so better approach the family court for getting declaration that your marriage is dissolved . It is better not perform second marriage at present. 

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

1. If you have communicated your decision to divorce her properly and have an evidence to prove that then she cannot challenge it just because she refused to receive the communication. 

Your divorce is legally valid. 

2. You may file a declaration suit to declare the dissolution of your marriage as valid on the basis of the communication of the talaq decision. 

This court decree shall be sufficient to make appropriate entries in your service records in this regard. 

3. You can go Ahead. 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Now the your divorce case is processed by her under special marriage act and accordingly that divorce procedure.

 

No you can't perform second marriage with out permission of your wife as per Muslim Law. Plus she has trapped you in special marriage act for other allegations.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Apex Court and GOI has carried out some law enforcement procedures and provisions which does not recognize the concept of talaaq hence notice is not valid.

You have to seek divorce from the Court of Law to marry other woman without facing any trouble from Society and Employers  

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

Confirm whether 2nd and 3rd talaqnama / notice were refused by her, if it is endorsed as "Refused / Non Claimed" it amounts to deemed service. 

1) In the above circumstance, your divorce is complete.  You need to pay her dower & mehar accordingly.

2) You can file petition in family court seeking declaration that the marriage is dissolved by way of Talaq-i-Hasan.

3) If above are confirmed, you may go for second marriage.  However, it is better, you wait for some time.

You obtain bail in above cases filed by her and get the false criminal cases quashed.  

S Srinivasa Prasad
Advocate, Hyderabad
2507 Answers
8 Consultations

5.0 on 5.0

- As per the Muslim Women (Protection of Rights on Marriage ) ACT, 2019, Talaq means Talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

- Further , as per section of this Act, Any pronouncement of Talaq by a Muslim husband upon his wife, by words,
either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

- Further ,any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

- Further ,as per the Supreme Court ruling that the practice of instant triple talaq is unconstitutional and a divorce pronounced by uttering Talaq three times in one sitting is void and illegal. 

Further, Talaq-e-Ahsan , in which the husband expresses divorce in single sentence - "I have divorced thee" 

- Further, the talaq-i-hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time.

1. Since, you have given talaq-i-hasan on three dates , hence as per Sharia law , your divorce has completed. as after the information has been passed to her. 

2.No , it is valid and acceptable before the court . 

3. Yes., Law of Bigamy not applied under Muslim law. 

- However, since you are a government employee , hence as per service rule , you will have to take permission or to pass an information from the concerned department 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

Declaration from court will require to complete divorce. You have proof of delivery of first notice. 2nd and 3rd she refused. Presumption of due service of noitce, if party refuse to accept.

As per Muslim law, you can do 2nd marriage but you are govt. employee, cannot.

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

1. Yes your divorce is Completed as she refused to take two notices.

2. You can file suit for divorce to be on safer side.

3. If consider all the notices sent to her then yes you can marry again. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

Get it certified by quazi than.

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

If at all you need documentary evidence to establish that your marriage was dissolved by divorce as per provisions of Muslim personal law by pronouncing talaq I Hasan,  then you may obtain a talaqnama from a  Qazi of the mosque you regularly visit. 

If that's not possible then you file a declaration suit to declare dissolution of your marriage on the basis of documentary evidences to prove that you divorced her by talaq Hasan. 

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Your talaqnama if any will suffice the purpose. 

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

1. You can provide the returned registered post by which you sent talaq notice to your wife.

2. Refused to take registered post is considered as delivered post. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

That is a valid divorce. Take a divorce decree from the court based upon the letters and other facts.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

You can obtain written opinion from lawyer that talaq i Hasan is valid form of divorce 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

 The only document which can declare it valid is a declaration by the civil court.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

https://www.casemine.com/judgement/in/56e66a40607dba6b53435f60

There are number of judgement wherein court has recognised that they are legal form of talaq under muslim law.

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

 

1) have my divorce completed....?
Opinion:_ NO, Divorce has not been completed yet as she has not received the same. you may send a whatsapp massage or mailed her the same.

2) should I need a court decree as a proof of divorce...? As I m a government employ.

Opinion:- After completion of all the above three notices for Talaq-e- Hasan, you may file a civil suit for declaration before the family court and get the same.

3) can I perform second marriage..?

Opinion:- Being a Muslim you may perform second marriage even without her consent but you should check in your departmental policy that they prohibited the same or not.

Feel  Free to Call

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been acting as per law.
  2. I would like to apprise you that it is immaterial whether she has received it or not, the moment you put all three communication in transit, it considered to be completed at your end.
  3. And the FIR filed by her against you is nothing but the afterthought and hence, saving you eventually before the criminal court of law.

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

5.0 on 5.0

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