How to give Talaq and avoid maintenance

In Muslim Law Law
I was married in March 2022, and since day 1.\nMy wife and inlaws threatening me and my family to complain to police withe false FIR of domestic violence.\nHer sister is asking her to decide if she want to live with me\nHer sister also suggesting her to attack me with knife in the night.\nAt this time she is with her parents, and i want to give Talaq, please suggest what will be best way to give Talaq\nDo I need to do any FIR against her, her sister and mother before giving Talaq.\nHow I can avoid maintenance or keep it low.\nPlease guide and help

Answers (2)

280 votes

You should contact a lawyer and get an intallah peshbandi filed immediately as a precautionary measure. You need to do some homework for giving talaq to your estranged wife. For maintanence certain factors needs consideration for which you should take a detailed legal consultation

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153 votes

How to take talaq in Muslims :-

A muslim husband can give talaq via sharia law without going to court via four options:-

1. Talaq Ahsan: in this format Husband can give divorce without the consent for his wife. The only things Mandatory are mediation & reconciliation attempts by family members etc., because Chapter 4 of Quran I.e Surah an Nisa
Verse no. 35 says about mediator & reconciliation. In Talaq Ahsan, Divorce is pronounced only once and then you can laid down in written format & you may send it to your wife’s address via speed post for evidence! The day you pronounce talaq under Talaq Ahsan, immediately the iddat period of wife starts for 90 days. During these 90 days you can revoke(stop) your divorce but if 90 days are over then your divorce in completed. In Talaq Ahsan, Talaq is only pronounced once. You need to hire expert advocate to draft this deed of Talaq Ahsan keeping all the sharia law & legalities in mind so that your wife can’t take advantage of any loopholes. The best thing about Talaq Ahsan is that after giving divorce one can re-marry his ex-wife with new nikha & new Meher in future if he wants on her ex-wife’s consent.

2. Talaq Hasan : Formalities are same likewise Talaq Ahsan but in Talaq Hasan Divorce is pronounced three times, I.e each a month, you can revoke(stop) your divorce only before third pronouncement and not after third ! Thenceforth your divorce is completed.
In Talaq Hasan you cannot re-marry your wife until she is naturally married to another person and in lifetime of her second marriage some dispute occurs with her new husband n then a natural divorce takes place. (This is referred as Halala). Therefore, it is highly recommended to give Talaq Ahsan & not Talaq Hasan. You need to hire expert advocate to draft the deed of Talaq Hasan.

Next two are Mutual Divorce :-

1. Mubarat
2. Khula

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