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Pronounced talaq three times. What should be my step to divorce her?
29-Sep-2023 (In Muslim Law Law)
Hello, I got married 2005 and have been living in Noida without my wife for more than 4 years. I wanted a divorce and my wife has been blackmailing me about it. This year in January I pronounced "talaq" 3 times and have stayed away from my family (including my 8 year old son). My parents have decided to be with my wife and support her as she has been threatening to put a dowry case. I am firm on my decision and want to divorce her.I don' have any intentions to go back to my family and want to re-marry. What should be my next steps in order to have a legal divorce, I dont want child custody
Muslims may get separated either through the process of the courts or according to their own personal laws. Pronouncing talaq in accordance with your personal law (different for shia/sunnis) would be sufficient. You may also divorce your wife with a written talaq and even by an ila (abstaining from all conjugal relationships)
If you would like to involve the process of the courts then you may file a petition under the Muslim Marriage Act. You could set up grounds such as cruelty. You may also require to file for anticipatory bail for you and your family to protect yourself from a arrest based on a false case. This may put your parents at ease and bring them back to your side.
In any event, you can proceed with or without your parents support. Your wife may be entitled to claim maintenance and custody depending on your situation.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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