Hi All, I am a Muslim. I want to take divorce from my wife. How should I send divorce notice to her? Reasons for divorce My wife deceived me and cheated on her looks, and height. Reproducing issue I got married in Dec 2019 in Delhi. I have dispute with my wife's on second day of wedding because my wife appears to be totally different girl , she appears to be different from the one what we have seen her before marriage, the biodata photo looks different and her wrong height mentioned in biodata, they even hide the colour by keeping colour column blank in biodata. different in looks as well as her 2 inch height difference which they manage to hide using a long dressed and high heeled sandals under the dress so she can look tall. We nearly live 12 months out of 28 months. Now we are seperate from 5 months. I don't want to continue in this marriage as I feel deceived ,cheated and badly suffered from this marriage as I have to pay heavy marriage loans.Please suggest is there any harm or consequences to me if I send divorce to her? If I want to divorce her than how should I divorce so that I may remain safe and do not suffer further?
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
You can divorce your wife as per Muslim personal law
2) issue wife arbitration/ reconcilation notice fixing date and time of arbitration meeting
3) if arbitration fails issue wife 3 consecutive monthly divorce notices
4) reasons should be mentioned for divorce
5) pay her Meher amount and maintenance during iddat period
You can send her notice through shariat law and say talaq as per proper procedure. Then you can validate that divorce through court
Best of luck
If your marriage was performed as per Muslim personal law, then you may have to follow the procedures to pronounce talaq as per Talak ahsan or talak e hasan and observe the three months iddat period
For doing this act you need not give any reason.
The talaq notice has to be witnessed by an eminent person and to be sent to her by registered post.
As a Muslim, you are entitled divorce on lay valid grounds. Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage) 2019. You can give her Talaq-Ahsan which is legal. You need to make a single pronouncement of Talaq during Tuhr (period of purity). After single pronouncement wife has to observe three iddat, subsequent to which Talaq becomes final.
Dear Client,
Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the wife. And the spouse is expected to acknowledge the receipt of the legal divorce notice.
Thank You
- 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.
- 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.
- Hence, you can adopt Talaq-e-Ahsan , in which the husband expresses divorce in single sentence - "I have divorced thee" , and send notice to her thrice .
- Further, you can also file a declaration suit before the family court on the submitted grounds i.e. concealment of facts , for declaring the marriage as null and void.
