Legal Question in Family Law in India

triple talaq--muslim couple

hi. i belong to sunni , but i dont believe in caste system, nor i follow it. My husband claims of triple talak in my absence. Against my will he did that. Now not willing to take me back. We have a daughter 1 yr old. 498A id going on. DVA is also going. i have asked court to let me join my matrimonial house will court grant me this considering his plea of triple talak? i want to go back. Please suggest me ways bytwhich i can join my home.


Asked on 8/17/08, 10:34 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: triple talaq--muslim couple

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Answered on 8/18/08, 2:09 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: triple talaq--muslim couple

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Answered on 8/18/08, 5:36 am
Seema Bhartiya

Re: triple talaq--muslim couple

I had carefully gone into the facts narrated by you in your reference.

In sunni law Validity of talaq depends upon fulfilling the requirements of pronouncing talaq.Words of pronouncing talaq must be clear .Where merely the words of divorce alone were pronounced , the talaq invalid. Talaq is required to be communicated to wife within reasonable time if talaq has been pronounced in her absence . Anti Dowry Cell and Court proceeding with complaint under DVAct not supposed to decide validity of divorce .

In case you find any difficulty, please don�t hasitate to recommunicate your problem.

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Answered on 8/17/08, 1:23 pm


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