Legal Question in Family Law in India
divorce quashing
hi. muslim couple married under muslim laws in india. one daughter. Husband issued triple talaq on stamp paper for no valid reason and no process of reconciliation before it was issued. actual reason is extramarital affair, monetary expectations and inlaws conflicts. Wife tried every way to get back to her marital life and can prove it through net chats, phone bills and regular several calls every day to husband on mobile. for atleast 1.3yrs it happnd. but husband did not listen. now i want to get this talaq quashed thourhg high court. but my lawyer tells me to file a civil suit in tiz hazari court. i want to know can i directly go to high court ofr the same? i have been fighting DVA and sec 125 for more than one yr but still no interim has been given. DVA is pending in sessions court and maintenace is in lower court due for interim orders. I want to know what should i do in order to challenge this talaq. and how long it will take in tiz hazari(lower crt) to get its verdict on talaq. im pretty sure it will be in my favour cz it had no valid reason and other requirements. plus no witness no mehr etc paid out and no receival of talaq deed by wife. will this take another 3-4 yrs in tiz hazari to get its verdict? pls guide
3 Answers from Attorneys
Re: divorce quashing
You may discuss all the points with your lawyer who is already dealing with the matter. If you are not comfortable with the Advocate engaged by you, you may consider engaging some other lawyer whom you may trust.
Re: divorce quashing
you can proceed in High court also but it depends upon the capability of your lawyer to establish your case and quash the matter. You may contact us to proceed your case.
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Re: divorce quashing
It all depends on the capability of your lawyer and his stand.