Legal Question in Family Law in India

muslim law
I have heard of triple talaq, being held invalid in a situation where it is given in one go without any valid cause. Court does not recognise it. My lawyer tells me the same that now court rulings are not in favour of muslim personal law, as talaq has to be given for valid cause and in 3 sittings only. Also wife should be present at the time of divorce and mehr should be paid. I want to know if this is right or wrong. Or it is merely a myth and court goes by typical muslim law, where a man blindly tells the court that he had divorced his wife at so and so date and time and is considered valid. In such a case , can a muslim wife claim her right for maintenance and right to livein the same shared household despite of husband not willing to take the wifed back. Please give answers, thanks all the lawyers who spent time reading this.

Asked on 1/02/09, 9:31 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: muslim law

you have rightly stated that such a divorce is not valid in law. The wife may be entitled to shared accommodation and maintenance and may also seek remedies under the D.V.A.

Answered on 1/02/09, 5:55 pm

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: muslim law

Yes she can claim maintenance under DVA etc as maintenance can be claimed even without divorce. regarding your lawyers advice regarding divorce(Triple Talaq) it is absolutely right .

Answered on 1/04/09, 2:18 am

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