• Divorce notice to wife

I am Md Majharul Alam a Muslim , I had done marriage registry by the influence of my friend and his wife. Actually the girl is the sister of my friend's wife. My friend also got married in same way of registry and after 2 years they started living to gather. In the same way they influenced me and put on me lots of pressure. 

I wan not in regular communication with that girl but after meting with her i start chat with her in whatsapp and the due the the influences and pressures of then i done the registry in kolkata under Bengal Muhammadan Marriages and Divorce Registration Act, 1876 on 17th November 2015 She was with me for almost 15 days the after she was not with me. Latter on i came to know her education quality , her attitudes and her families attitudes and i served her a written Talak nama on 24th Feb 2016. The Mohar Amount was 100000/- mentioned in that registry . 

My concern is now what the proceedings i can do or they can do against me. They raised so many blame on me like they paid me Rs.200,000/ or some time they are telling that they paid me Rs.10,00,000 and so one but actually i borrow from her only 30,000 for some reason from her ATM.

They are demanding Rs.10,00,000/- from me to give consent on this and so many threads also i got through messages. Please sir, i beg you kind advice what best i can do in this situations.
Asked 7 years ago in Family Law
Religion: Muslim

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8 Answers

Hi

This situation it is better to aproach acourt

You can pay before the court

Get a lawyer from the area you stay and proceed further

If they are threatening you, you should file a police complaint about their threat

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

For valid talaq it has ti be preceded by attempts at reconciliation

2) if reconciliation fails then you can divorce your wife

3) reasons have to be mentioned in talaqnama and Meher amount paid to wife

4) in your case wife can file petition for declaration that marriage is valid and subsisting and to set aside talaqnama

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Wife can file false 498A case for continuous acts of cruelty

2) obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You have already divorced her as per Sharia and have sent her the Talaqnama.

2. Was the said Talaqnama endorsed by a Qwazi?

3. If yes, then you talaq is complete and you should pay her the Mehr fixed at the time of your marriage.

4. do, not enter in to any agreement, formal or informal, which will contradict the laid down procedure for giving talaq to avoid any further complication.

5. If she lodges/files any complaint/case, contest the same fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Did you sign any agreement acepting any further term for getting your divorce?

2. if not then do not enter in to any further agreement with her in connection with your divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You cannot divorce your wife in this manner. This is arbitrary. The Supreme Court is already examining the constitutional validity of abhorrent triple talaq. She can now challenge the talaqnama in the civil court which may set it aside.

2. Aside from challenging talaq given by you, she is also free to file for maintenance under 125 CrPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

since you have already issue talaq to her and the same has been notified o her properly by following the necessary procedures in this regard,you may not worry about the marriage that has been dissolved.

If they threaten to file false criminal cases, ask them to proceed and you can get anticipatory bail after which yo can challenge all her false alegations properly in the trial court.

Do not budge to their pressure in any manner and reject their demand for money. which is absolutely unlawful.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

We tried so many times to short out the issue and as a result they sit on last july and an amount of 3,30000/- was fixed by mutual consent of 6 people ,, 3 from each side and the meeting was at there area only. Latter within 7 days they denied the proposal and due the there local area the copy of the meeting resolution we didnt get from the meeting governing body also.

Despite having given them a good chance to settle the issues amicably, they are reluctant for a peaceful disposal hence just ignore their hostile activity and wait for their next move so that you can challenge all their further moves legally and defend yourself accordingly.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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