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How to give Talaq and avoid maintenance
24-Nov-2023 (In Muslim Law Law)
I was married in March 2022, and since day 1.My wife and inlaws threatening me and my family to complain to police withe false FIR of domestic violence.Her sister is asking her to decide if she want to live with menHer sister also suggesting her to attack me with knife in the night.At this time she is with her parents, and i want to give Talaq, please suggest what will be best way to give TalaqnDo I need to do any FIR against her, her sister and mother before giving Talaq.How I can avoid maintenance or keep it low.Please guide and help
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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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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What are the types of divorce under Muslim law?
Divorce in Muslim law can be classified into several categories, including divorce by husband (Talaq ul-Sunnat), divorce by wife, (Talaq e Tafweez), and divorce through mutual consent, (khula or mubarat). 03-Aug-2021
What are the rules for mutual consent divorce?
Section 13B of the Hindu Marriage Act 1955 gives couples the right to divorce if they agree. The spouses may jointly petition the court for divorce under Section 13B. 27-Jun-2023
What is divorce by mutual consent in Muslim marriage law?
There are two divorce procedures in Islam that can be completed by mutual consent. The Khula divorce is one form, and the Mubarat divorce is another. Both divorce forms require the wife to give up her dower, or a part of other property.
What is the theory of divorce by mutual consent?
Both parties can use the mutual consent theory if they are willing to separate of their own accord. The Supreme Court has recognized the irretrievable breakup theory as a ground for divorce, even though it is not a separate ground under the Hindu Marriage Act. 09-May-2023
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
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
Helpful?
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Adv. D. Khan
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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