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I got divorced by talaq e hasan, can I move court for its invalidation
20-Dec-2023 (In Divorce Law)
I got talaq in talaq e hasan manner in written statement with false allegations . family members and Jamaath I tried for arbitration and conciliation but my husband by lieing and acting not accepted to live with me. My iddah period is over and my mahar is with me only.I have two minor kids.he not gave any money for iddah Period too. I don't like to accept this divorce because he cheated me by lieing and left my kids without caring. Will I get justice if I go to court and ask for invalidating this talaq. How to approach the court?. And can I ask for restitution of conjugal rights if I file dv case will I get conjugal rights.? How a man by giving false allegation and without obeying arbitration can give talaq to me.
The triple talaq may be get invalidate under proper material evidence. The supreme court has also issued instructions to talaq method. The union government had made acts and rule to abolish the talaq method.
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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You can file for Restitution of Conjugal rights in the Court and try to live with him. He will have to prove that he has obtained a valid divorce from you. At that time he will have to prove to the Court that he has followed all the procedures to get the divorce. If you are in Chennai and need any further assistance then you can contact me.
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Adv. Suchit Palande
Chennai | 200+ Answers
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In every such exercise of right to Talaq the husband is required to satisfy the preconditions of arbitration for reconciliation and reasons for Talaq. Conveying his intentions to divorce the wife are not adequate to meet the requirements of Talaq in the eyes of law. All the stages of conveying the reasons for divorce, appointment of arbiters, the arbiters resorting to conciliation proceedings so as to bring reconciliation between the parties and the failure of such proceedings or a situation where it was impossible for the marriage to continue, are required to be proved as condition precedent for the husbands right to give Talaq to his wife
You can file a petition to dispute the legality of the talaq.
You can file a petition to dispute the legality of the talaq.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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