Navi Mumbai | 11 Oct, 2016 (2 years, 7 months ago)

General Advice

Want a decree from court for the divorce.

Hi, I am a muslim guy and 28 years old. I married to a girl two and half month before in the house of girl in a small gathering with muslim customs. Only nikah (marriage) had been performed and it was fixed between two families that we will bring the girl after 4 months in our house. After one month I came to know that she had some affair with others and it was continued even after nikah. And I also came to know that she shown us the forged certificate of her schooling and she is actually 9 years older than me. Before the marriage she was claiming that she is only 2 years older than me. Now after two months of nikah I have divorced (Three talaq) my wife in writing on a stamp paper and I also approved the validity of my written triple talaq from the recognized muslim clerics in writing. This talaq (divorce) is valid as per muslim personal law. I have sent the written talaq and the cost of meher through cheque to my x wife but she refused to accept the talaq and unclaimed the talaq paper which I have sent her through speedpost. The marriage is not consummated yet. I want a decree from court for talaq. How can I approach to the court? Can the forged certificate be the grounds?
Answers
21 Oct, 2016 | 20:13

Once you have given Talaq to your wife as per Muslim customs, it is a valid divorce. However, in order to get an order from the court, you need to file a suit for declaration of the divorce as valid and thereby the marriage as annulled. However, the issue whether Triple Talaq is valid as per law is pending before the Hon'ble Supreme COurt.


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