Legal Question in Family Law in India
triple talaq--muslim
hi. we are muslims, got married in 2005. Due to inlaws problems, and husband's bad nature, they threw me out of home and since thnei m with my parents for past 1.5 years. Now he has an extramarital affair with another girl. I have already filed a case of 498A and 125. but he gave a reple that he has divorced me in my absence in presence of oter two witness. I was not there at that moment. I dont think this is valid. and i want to challenge this divorce in court. He also presents with a non judicial paper(deed of divorce) in court on which my signatures are not there. Will court consider this as valid divorce? If in case court dis regard this deed of divorce, am i legally eligible to go to my matrimonial house even if they dont wish to get me back? please answer prescicel on these 2 things:
is the divorce valid according to law?
second, if divorce is not valid, can i legally go back to my home even if they are not willing?
3 Answers from Attorneys
Re: triple talaq--muslim
Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.
Please mention which sect do you belong i.e. whether shia or sunni. so that you can be advised properly.
Re: triple talaq--muslim
In my opinion the divorce is not valid;
Yes, you are entitled to go back to matrimonial home; that is your home as per law.
You should not only pursue 498-A and 125, but can simultaneously also proceed under DVA - for claiming back your home as also protection and maintenance.
Re: triple talaq--muslim
1) Yes if the conditions required are fulfilled otherwise no.
2)Yes
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