Your marriage is registered under SMA
2) you can file for divorce in family court on any of grounds recognised by SMA
3) you will have to withdraw RCR and then file for divorce
4) you cannot divorce your wife u der Muslim personal law
How to give divorce/Talaq under muslim law after triple talaq law
Hello, I am a Muslim guy married to Muslim girl according to Muslim rites in 2011 and got registered marriage under SMA as well. I have a boy kids born in 2012. Wife left house June 2017, I gave a police complaint for the same and finally I filed Restitution of conjugal right case in Jan 2019 to call her back and live with her just to save my son future. I love my kid a lot. But she has other plans and to counter this; she filed a false 498A and DV case on me and my entire family in 2020. As of now, RCR and DV case are at interim arugment. Even after several effort to call her back she doens’t want to come back and now I am looking to give her divorce/Talaq per the law just to move on. Please advise me how to give divorce/Talaq which is legal binding and have no negative further implication of other laws like triple talaq. Please also provide pros/cons of giving divorce/talaq in my case since Muslim law allows a men to marry up to 4 women concurrently. Thanks, Mohammad
Asked 4 years ago in Family Law
Religion: Muslim
8 Answers
If your marriage under special marriage act was done prior to the solemnization of marriage as per Muslim personal law, then this will precede.
In that case you may have to file a divorce case under the provisions of special marriage act alone and not by pronouncing talak.
Your marriage will remain effective even if you pronounce talak
Initially i married as per mulsim law in 2011 but later on got reigstered my marriage under sma in 2015 to get some docs. pls consider this. I was in private service and looking for job now. Also, already all family got 498A anti- Anticipatory bail from session only as false case. Missed some scenarios: 1. What if i send her divorce intimation and she revert back with false allegation or legal stuff? 2. Should I need a court decree as a proof of divorce? If yes then how long and difficult in court? 3. What if I marry again without divorce her? Any implication on DV or 498a case?
Asked 4 years ago
1. If your marriage was first solemnised under Muslim law, then you can very well send talak notice under Talaq e hasan or talaq ahsan by observing the three months iddat period.
Once the talaq formalities completed after three months, you may file a divorce petition to dissolve the marriage registered under special marriage act in order to complete the entire divorce formalities involved for this marriage under two different laws.
2. The time taken for disposal of divorce case in the court of law cannot be predicted owing to various factors involved in it.
3. Since your marriage was registered under special marriage act, you may be considered to have committed an act of bigamy if you remarry without divorce.
You cannot remarry without obtaining divorce decree as your marriage is registered under SMA
contested divorce proceedings take over 5 years to be disposed of
file for divorce on grounds of cruelty
It will better to go with mutual consent divorce as of now, because you're on the anticipatory bail (AB). Do avoid future consequences in your life from her.
You can give the divorce after seeking from youryolawyer
Dear Client,
A Muslim man has permission to indulge in a second marriage without divorcing the first wife. Though the same permission is not given to a Muslim woman. A Muslim lady would have to go through a divorce proceeding under the Muslim personal law or Muslim marriage act, 1939 in order to marry another man.
Thank you
- 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.
- Triple Talaq means a husband saying Talaq three times in one sitting and instantly divorcing and breaking off all the marital relations with immediate effect without any recourse to arbitration or reconciliation with the help of relatives, friends and Sharia courts.
- This type of Divorce without gap between is considered not approved in Islam as well.
- Hence, if there is gap for the arbitration / reconciliation with the help of relatives etc., then it will not come under the obligation of triple talaq, but there should be witness for the same .
- Hence, you can send notices /talaq name in three gapping periods.
- Further, you can also file a suit before the court as well for getting talaq.
- Yes, being a Muslim , you can do second marriage , and which is not an offence.
