Two notices with a time gap of one month sent stating Talaq to my sister
2 years ago
Actual scenario :
My brother in law sent two notices one on june 12,2021 and other on July 12, 2021 saying talaq to my sister. In first notice he has clearly mentioned that, if want to rejoin she can come to him
with an intention of living peaceful life. My sister tried to rejoin the family immediately after first notice but he did not accepted and handed my sister to police saying she is creating newsense by coming to home and further he saying to police that he has given notice legally and will decide the matter in court. In second notice also, he has pronounced talaq and said if want to rejoin she can come to him for which remarriage need to be conducted as per Islamic law. when approached to him, he was saying he is not interested in remarrying her and again handed to police station. Also the two child one girl of age 12 and other boy of age 10 is under his custody.
My sister is not interested to give divorce as she can not live without children.
My Question : How can we stop my brother in law from pronouncing third talaq. Is there any provision/section in law by which we can declare the talaq invalid.
Those notices are invalid. Ask your sister to file multiple cases against your brother-in-law including a case for divorce claiming huge alimony. Further your sister is entitled for child custody.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, it is invalid and illegal. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional. On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019.
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Section 4 of the Triple Talaq law provides that any Muslim husband who pronounces talaq-e-biddat upon his wife will be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. That is void and a punishable offence too.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap apne husband or sasural walo ke khilaf police me complaint file kare. Aap domestic violence ke liye bhi case bhi file kar sakte hai. And cruelty ke liye bhi case file kar sakte hai.
Kisi ko talak dene ke liye mana nhi kiya jaa sakta hai.
Ki vah aap ko talak na de.
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