What consequences I will have to face if i divorce my wife
3 months ago
What consequences I will have to face if i divorce my wife who is unnecessarily torturing me and disturbing my professional life. I am a Muslim and we have 3 kids. I am working out of India. I have not been talking to her for past 3 months and every other day she will send me hurtful, insulting & disrespectful messages. It seems that she wants that somehow i should divorce her so that she is well benefitted in terms of money. I am regularly sending them enough money for their monthly expenses. Please advise that if i take any step by giving her talaak as per islam or legal divorce what things I should be prepared for. I cannot take this mental harassment any more.
A.Dear Client,
Triple Talaq is a procedure of instant divorce under Islamic Law followed by Muslim men in India. It allows a Muslim husband to legally divorce his wife by pronouncing 'Talaq, talaq, talaq' three times. Parties to such marriage can at any time step away from the matrimonial obligations by pronouncing a talaq as per their law. It can be pronounced in oral or written or by electronic media like email, SMS, or WhatsApp. The husband must pronounce talaq three times, either in person or in writing, and then submit a copy of the talaq to the relevant authorities. In the Shayara Bano case (2017), (Shayara Bano v. Union of India,), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court concluded that this unilateral and arbitrary nature of Triple Talaq undermined principles of equality, dignity, and individual rights. As a result, the court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019. Accordingly, Triple talaq (instant divorce) and talaq-e-mughallazah (irrevocable divorce) are now banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. Reach out to an Advocate practicing Muslim laws for guidance and steps.
Triple Talaq is a procedure of instant divorce under Islamic Law followed by Muslim men in India. It allows a Muslim husband to legally divorce his wife by pronouncing 'Talaq, talaq, talaq' three times. Parties to such marriage can at any time step away from the matrimonial obligations by pronouncing a talaq as per their law. It can be pronounced in oral or written or by electronic media like email, SMS, or WhatsApp. The husband must pronounce talaq three times, either in person or in writing, and then submit a copy of the talaq to the relevant authorities. In the Shayara Bano case (2017), (Shayara Bano v. Union of India,), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court concluded that this unilateral and arbitrary nature of Triple Talaq undermined principles of equality, dignity, and individual rights. As a result, the court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019. Accordingly, Triple talaq (instant divorce) and talaq-e-mughallazah (irrevocable divorce) are now banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. Reach out to an Advocate practicing Muslim laws for guidance and steps.
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A.Dear Client,
If you decide to pursue divorce, there are several aspects you should consider, especially given your circumstances as a Muslim residing outside of India. Firstly, it's important to be aware of the Islamic principles surrounding divorce. In Islam, the process involves following the guidelines set by Sharia law, which may include a waiting period (iddah) and financial responsibilities.
Legally, if you choose to divorce, you should be prepared for the potential financial and custody implications, especially since you have three children. The applicable laws can vary based on the country where you are currently residing and the specific circumstances of your case. It's advisable to consult with a legal professional who specializes in family law to understand the legal implications and obligations associated with divorce in your jurisdiction.
Additionally, document any evidence of the harassment you've been facing, such as the hurtful messages, as it may be relevant during legal proceedings. Seeking guidance from a legal professional will help you navigate the complexities of both Islamic and civil laws, ensuring that your rights are protected and that you understand the potential consequences of taking this step.
Thankyou
If you decide to pursue divorce, there are several aspects you should consider, especially given your circumstances as a Muslim residing outside of India. Firstly, it's important to be aware of the Islamic principles surrounding divorce. In Islam, the process involves following the guidelines set by Sharia law, which may include a waiting period (iddah) and financial responsibilities.
Legally, if you choose to divorce, you should be prepared for the potential financial and custody implications, especially since you have three children. The applicable laws can vary based on the country where you are currently residing and the specific circumstances of your case. It's advisable to consult with a legal professional who specializes in family law to understand the legal implications and obligations associated with divorce in your jurisdiction.
Additionally, document any evidence of the harassment you've been facing, such as the hurtful messages, as it may be relevant during legal proceedings. Seeking guidance from a legal professional will help you navigate the complexities of both Islamic and civil laws, ensuring that your rights are protected and that you understand the potential consequences of taking this step.
Thankyou
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