Dear Sir,

1. You may file for a divorce in any court in India (but a family court)

2. If you opt for talaq-e-ahsan or talaq-e-hasan, you need not give a reason, but you will have to pay dower 

3. If you go for mutual consent divorce, then the wife may waive off the dower amount (if it is unpaid)

4. Yes, you may go for second marriage as that is permitted. You need not have to prove it. Just get your marriage certificate registered.

5. "Talaq-e-Ahsan" is the 'most proper' form of talaq in which the husband expresses divorce in single sentence - "I have divorced thee" - during the period of tuhr (when the wife is not menstruating) and then has to wait till the iddat period is over. Iddat period for a woman who has been divorced by her husband is usually three menstrual cycles. During this time, she cannot marry another man. If before the completion of iddat, the husband resumes co-habitation with his wife or says that "I have retained thee", the divorce is revoked.

In case the woman is pregnant, the iddat period lasts until she gives birth. The waiting period for a woman after menopause is three months.

"Talaq-e-Hasan" is the 'proper' form of talaq. In this form, three successive pronouncements of talaq are made by the husband in three successive tuhrs (when the woman is not menstruating). In case of a nonmenstruating woman, its pronouncement may be made after the interval of a month or thirty days between the successive pronouncements. This form of talaq can be revoked any time before the third pronouncement.

6. If you go for talaq-e-ahsan or talaq-e-hasan, it will take 3 months for the divorce to finalise

Thank you

You should issue wife arbitration/ reconcilation notice fixing date and time of meeting 

2) if reconcilation fails issue wife 3 consecutive monthly divorce notices 

3) reasons should be mentioned for divorce 

4) pay her Meher amount and maintenance during iddat period 

5) triple talaq is illegal 

Instant triple takaq is crime in India,  nit the deferred triple talaq or Talaq e Ehsan .

So contact a local Qazi and give ywife triple deferred talaq of one tskaq each in three successive months. 

You can go for a second marriage. You both are living separately for so many years that itself is a ground for divorce.

Triple talaq is illegal but sending 3 notices and pronouncing talaq is valid. It has to be sent in 3 months. After a period of iddat the talaq is done.

Otherwise ask for khula from your wife.

- 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.

- Hence, you can give Talaq-e-Ahsan , as this form of talaq cannot be considered as triple talaq , because instant triple talaq is Talaq-e-Biddat. , and hence no case made out . 

- Further, you can also file a petition for divorce in the court where the marriage was performed or  you are residing in India , on the ground of cruelty and others .

- Yes, you can do second marriage , but consent of the first wife is mandatory , otherwise she can file multiple of cases against you in the court . 

Being a Muslim male you cannot file a divorce case in the court of law if your marriage was solemnised as per Shariat laws.

You can pronounce talaq in the accepted manner i.e., talaq hasan or talaq e ahsan The Supreme Court's decision leaves two forms of talaq – Talaq-e-Ahsan and Talaq-e- Hasan untouched. 

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. The Muslim Women Protection of Rights on Marriage Bill is a follow up by the government of the Supreme Court judgment.

Triple talaq is called talaq-ul sunnat under Islamic law. It has the sanction of Islam and is more accepted non-statutory form of divorce among Muslims.

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 reconciliate 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.

1. Triple talaq is not an offence, instant triple talaq is an offence.

2. Your advocate is right, but you are misconceived in your view.

3. As a Muslim you have to follow the process laid down in Shariah to divorce her.

4. You can remarry even without dissolution of your existing marriage.

1. If both of you are Muslims and married as per Sharia, you can give her talaq strictly following Sharia.

2. Triple talaq is not a criminal offence in India if it has been done by following Sharia. It will be an offence if you pronounce talaq thrice in one go and throw out your wife.

3. You can send her talaq letter thrice to her and finally send the talaqnama duly endorced by your local Quazi.

4. However, you shall have to pay her the Den Mehr while giving her talaq.

5. The above procedure will be economical and  fast in comparison to your seeking decree of divorce by filing suit before the Court.

6. As per Islamic law, you can marry four times but it not a common practice in India now a days.

7. It will be prudent on your part to remarry after sending her the talaqnama endorsed by your Quazi.