• Divorce

We are sunni muslims.my son   married a muslim woman in 2010 as pert   muslim customs.the marriage was a troubled one due to the immature and rebellious attitude of the girl.they had  a son in 2013. the girl after a petty  incident left for her parents house  and all our efforts to mediate failed due to her non co-operation . now she had left the country  with the child and her parents without our knowledge and where- abouts not known. my son is heart broken and wants to end the rtelationship. please advice what is to be done now?
Asked 10 months ago in Family Law from Chennai, Tamil Nadu
Religion: Muslim
Hi, tried to find out the address, if not possible then you can send the talak name in RPAD to the last know  address.

2. Your son has to give talak to her before two witness same has to be communicated by RPAD.

3. Being a Muslim he can married at a time 4 wives.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)you have to issue arbitration / reconciliation notice to your wife 

2) the correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators one from the wife’s family and the other from the husband’. If the attempts fail, talaq may be effected. In other words, an attempt at reconciliation by two relations, one each of the parties is an essential condition precedent to talaq. It is fallacy that a Muslim male enjoys, under the Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to him. “If they (Namely women) obey you, then do not seek way against them” (Quran IV 34)
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1) in case arbitration fails hen you can proceed for divorce 

2) reasons for divorce must be mentioned 

3) you have to return her meher amount and pay maintenance during iddat period

4) you can   send it by regd post Ad . if it is returned with remarks refused it is valid service 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
Your son can divorce her in accordance with sharia. The sending of talaqnama through a registered post completes the process of divorce, albeit she will be at liberty to challenge the divorce in civil court which can declare it as illegal. It has to be sent to her alone and not any of her near or far relatives. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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You son can give talaq in absence of her wife, no need to give kt before any witness but it would be lroler to give it in presence of some relatives. Triple ta,aq is valid in India. Witness is not required at the time of talaq in sunni muslim.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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now she had left the country  with the child and her parents without our knowledge and where- abouts not known. my son is heart broken and wants to end the rtelationship. please advice what is to be done now?

Being a Muslim by religion, your son can initiate to dissolve the marriage by pronouncing triple talaq before a Qazi of a mosque and get it witnessed by tow independent witnesses, inform this news by a registered post to her last known address or to her parents address.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
if we send a talaak nama  giving the reasons for the divorce by registered post and if it is not relieved by her due to her absence  in her parents home, will the divorce be legally valid? or can we send it to her close relative for information and he may inform her is it okay?or  else what is the way out?

You can send a copy of this information to her parents by registered post with acknowledgment card, if her parents are also not traceable, then to her relatives. Besides, you may also issue a newspaper publication in any popular local daily newspaper about the dissolution of your marriage with your wife by a talaq pronounced on ....date for the reasons that she has deserted you and fled to some unknown foreign country
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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