Legal Question in Family Law in France

AoA,

I am a french-pakistani dual national, residing in france. My husband is pakistani settled in france. We got married as per muslim law (nikah) on 07-05-2006. Later, on 03-04-2007, we also got married as per french civil. We have one daughter who is three.

Like many couples, we have had problems in our mariage but i had never thought about putting an end to it. Lately, my husband while he was on vacation in pakistan, sent me a pakistani divorce deed. This was a few days ago. This deed mentions an 'irrevocable triple talaq'. The deed is attested by the Notary Public Lahore. My husband is sorry and he wants to reconcile. He says he has not pronounced 'talaq' and that the lawyer had not breifed him about the status of this deed (whether revocable or not?) . He also says that he was angry and that he never really meant it.

I want to be clear about what the religion says and what muslim family law says.Is a written 'triple talaq revocable or definite.

I have spoken to a renowned Imam who says that triple talaq in one session counts for one talaq, but he also said that there is a difference of opinion between ullamas, and it is on case to case basis.

I want to know about the legal status of this deed. (It is not a divorce notice, which i understand is only a notice.)

It is is irrevocable as per pakistani law and as per Shariat, in that case I will not accept to reconcile.

Please help me because if I want to reconcile, it is only for my daughter.

Thanks a lot


Asked on 12/23/10, 12:57 am

1 Answer from Attorneys
Didier LEBON www.lebon-avocats.com

There are two separate issues to be dealt with. The first one relates to the talaq per se and of course I would recommend that you take advise from a specialist at muslim law in order to know to what extend the talaq could be at this stage revoked. The second issue relates to the recognition of the "talaq" in France. French Courts do not recognize repudiation when both spouses do not have equal rights during the divorce proceedings. In a recent case dated October 20, 2010, the French supreme Court held that a Moroccan unilateral repudiation between Morrocon nationals domiciled in France is contrary to public order and cannot be recognized in France. I fear that you may be divorced in Pakistan but fortunately not in France.

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Answered on 12/23/10, 12:39 pm


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