Legal Question in Family Law in India

I was born in india went to usa in 2002 on work visa . I got married in 2004 and took my wife who is also born in india to usa on spouse visa . I had two children born in usa they are aged 7 and 5 currently.

����� i acquired us citizenship along with wife in 2014. We do not have any relatives or house in usa. All my relatives and parents are in india. We had misunderstanding in usa and she gave false complaint and took counselling. Because of this I decided to shift to india.

����� In Dec 2015 last year I moved to india. My wife was not happy with this as her relatives live in dubai. She� started torturing me to move to dubai. As I did not agree to this she filed a false complaint wit police and harassed me with police pressure. I pronounced third talaq and sent the Talaq notice by email.����After which I heard she left to dubai with kids. I have filed a case with the court to declare this Talaq valid. I will also be filing a child custody Case in india and sending the notice to her dubai address. My question if she avoids accepting the court notice what are my options. I will also send an email with read receipt so I have proof she read it.


Asked on 6/30/16, 11:23 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear Client

Why did u file the case to get the declaration that talaq is valid? A triple talaq as per personal muslim law is valid and if the wife has any objection to the mode or manner of granting talaq, she has to file a petition for such declaration.If the notice reaches her and she avoids it, it would be a valid service and court may proceed with the case making her ex- parte.But email notice is not valid. Rest, you may consult for more.

9555462995

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Answered on 7/01/16, 9:37 am

1) The Supreme Court judgment in the Shamim Ara case (2003), which demanded proof of arbitration and reconciliation, has been made into a law.

2) 2001 W Pathan case, the Aurangabad bench of Bombay High Court quoted the relevant verse of the Koran as many as 17 times, saying a talaq must be preceded by reconciliation and arbitration.

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Answered on 7/01/16, 9:44 pm


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