Legal Question in Family Law in India

triple talaq

what does indian courts do when husband says , he has given triple talaq without citing any valid reasons? is talaq valid? in eyes of law? and mohammadan law?

Some expert lawyer on shariat law answer please. What is the view of indian courts? especially sessions courts? i put up in delhi


Asked on 11/26/08, 8:47 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: triple talaq

The Muslim Personal Law (Shariat) Application Act, 1937 recognises Shariat law in the matters of divorce.

Since pronouncement of triple talaq amounts to divorce in Shariat law, the talaq may be valid.

The courts may intervene only on the issue of maintenance.

You may consider approaching the authorities under Shariat law for fatwa.

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Answered on 11/26/08, 9:07 am
Nasir Butt Nasir Law Associates

Re: triple talaq

The Muslim Personal Law (Shariat) Application Act, 1937, as applicable in India does not provide any guiding principles except to Shariat is applicable in case of Muslims.

Triple Talaq is very much critical issue not only in India but also in Pakistan, too.

So far as conventional Shariat is concerned, giving three talaq in one meeting are considered valid in Sunni Law but Shia law does recognize it. Although I am Muslim but I consider the Shia Law very close to Quran which may be act upon.

Read No. 15 from the following link:---

http://nnbutt2000.0catch.com/research/polygamy.htm

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Answered on 11/26/08, 10:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: triple talaq

Yes it is valid as the shariat law is recognised.

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Answered on 12/22/08, 7:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: triple talaq

Yes it is valid as shariat law is recognised

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Answered on 11/29/08, 8:09 am


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