• Want to give talaq to my friends wife who have run away from home her native place is Vijaywada

Its vijaywada police, saying its not their duty to find the women. Who is my friends wife. She was at her parental home and she ran away from there after 5 days she called husband and said she was being tortured and was being asked money by her own father brothers and she is not at peace at home. As husband is abroad but he went just last year she stayed till bakri eid last year in in-laws place and that is where in Hyderabad husband left her and after few months she said she is not feeling well want to go to her mothers place vijaywada and she went and since then she did not came back and suddenly few days back her father called and said she said she is going Hyderabad to in laws place and after that she is not found. 

Secondly, two weeks back this incident she and her father reported her phone lost and does not have phone. 

In Hyderabad in laws went to report at PS missing complaint they refused to take as person is missing from Vijaywada itself and in laws have not met her since a year now.

Police tried to locate her location Hyderabad police said her last location is Hitech city Hyderabad. 


Now, the relationship between husband and wife was nothing as she never called him only speaks when needed money and now suddenly she has ran away and he don’t want to go through more torture of this relationship he want to give her talaq on this situation that she as an adult did not took a decision and simply ran away. and he dont know with whom she is what is she doing.

she says him to take a decision that she wants to live alone in seperate house or she will live in hostel and never get in contact with him again she will not go to her fathers house or her in laws. He cannot let her live in seperate house alone as she is not trustworthy had affairs in past. and he is in Canada have loans on head trying to earn hard money for living. So how can he proceed in this situation
Asked 2 years ago in Family Law
Religion: Muslim

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12 Answers

You can give Talaq a sunnat to wife by pronouncing talaq on her each period each month in the presence of witnesses. Triple talaq at one sitting is illegal and void too. Donot give talaq through legal notice which too is not valid. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Issue wife arbitration or reconciliation notice fixing date and time for arbitration 

 

2) if reconciliation fails then issue wufe 3 consecutive monthly divorce notice 

 

3) mention reasons for divorce 

 

4) pay wife maintenance during iddath period 

 

5) pay her Meher amount 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If he decides to dissolve his marriage by pronouncing talaq, he can do that by talaq ul sunnat by the method of Talaq ahsan or talaq e Hasan,  communicate this decision to her by registered post or by any social media to which she is connected to.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

He can pronounce talaq by talaq e Hasan or talaq ahsan.

He can communicate this decision to her address by a registered letter or he can send the message by email or WhatsApp or any other social media.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Divorce notice can be sent by lawyer on behalf of husksnd 

 

2) send it by speed  post AD or registered Post 

 

3) also send notice at her email I’d 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

You can divorce your wife as per Muslim personal law 

 

triple talaq is not valid 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Double sure for what? As such there is no such law in AP or vijaywada. You can also opt for divorce through court. As such there is no stated islamic law. It is personal law only limited to muslim. To taste islamic law you can shift to afganistan, pakistan, syria, somaliya etc as these countries have islamic laws. 

 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

You can’t give talas to your Frnd’s wife

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have to follow new triple talaq law and according to that divorce will be granted. If you follow Islamic law or Muslim Law but your wife also should follow Muslim Law if she do not follow the same then no use of it. If she follows The Indian Specific Marriage Act then you to follow the same instead of Islamic law.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You are writing the things which are beyond the  relief.

There is no such thing called that the whole state is boycotting the Islamic law.

This is a sensitive issue hence you got to be careful while using such language.

The Talaq e  hasan or talaq ahsan is the recognised form of dissolution subsequent to which the male can approach court with a suit for declaration to declare the dissolution of marriage by this mode is valid.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, if she had concealed the material facts of her earlier relationship etc. from her husband at the time of marriage , then the said marriage can be declared as null and void. 

-  Since, she is not living in the matrimonial home and run away , then this can be a ground for divorce 

- The husband can file a declaration suit before the court for getting divorce , and if she will not appear before the court , then the court may pass ex-parte divorce in favour of husband 

- Further, as she is not residing in the parental home , then the Talaq by sending notice may be not valid. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

The method of pronouncing talaq by talaq e Hasan or talaq ahsan is recognized as a valid form of dissolution of marriage. Following this form of talaq, the male can subsequently approach the court with a suit for declaration to affirm the validity of the dissolution of marriage. It is important to handle this matter with sensitivity, considering its delicate nature. The communication of this decision can be done through various means such as a registered letter, email, WhatsApp, or any other social media platform. However, it is crucial to refrain from discussing issues beyond the scope of the topic at hand. Additionally, it is essential to clarify that there is no evidence to suggest that the entire state is boycotting Islamic law, and such statements should be avoided as they may lack factual basis.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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