• Talaq

After marriage of 20 days my wife got a severe fits in sleep, I never know that, then I sent Talaq e ahsan through register post to my wife. She never replied to that but she filed false 498a , How can I get the talaq certificate please give guidance, can I do another marriage, how can I defend the case
Asked 3 years ago in Family Law
Religion: Muslim

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6 Answers

After waiting for three months from the date of sending the communication of your decision of  talaq to her, if there's no reconciliation or withdrawal of your decision, then the marriage is considered to be dissolved as per provisions of Muslim personal law (Shariah).

Thus on the basis of copy of this communication you can approach your mosque authorities and get a talaqnama in writing.

You can go for remarriage after that.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Apply for and obtain Anticipatory bail from sessions court in session court in 498 A case 

 

2) since you got married under Muslim personal law you are at liberty to remarry 

 

 

Ajay Sethi
Advocate, Mumbai
99805 Answers
8147 Consultations

Talaq e ahsan will be finalized after three idduts. You will get the  talaknamah after three idduts from office of Kaziyat, Wakf Board with seal of Board, serial number, signature of Kazi and date of talaq. After that you can marry again. You have to contest the  criminal cases on merit facing trial in Courts.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

You can follow your customary rights under sharia law for talaq. Except one time triple talaq which is illegal. Contest false 498 A case 

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Dear client,  I am sorry to hear that but in this case you may file a counter response stating cheating and fraud. 

Anik Miu
Advocate, Bangalore
11018 Answers
125 Consultations

- If the notice of said Talaq sent by you not received by your wife , then it cannot be considered as a legal Talaq in the eye of law. 

- Further, she can deny the said talaq in her complaint of 498A , but if you having approval of Qazi then it is valid and can be admitted before the Court , and you can get the certificate from the office of the Qazi. 

- However, as per Muslim law , you can marry with another in the existence of first marriage. 

- You can produce the receipt of the said notice of Talaq before the Court with the delivery report of post office. 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

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