Question: Triple talaq after the delivery of child is possible or not? I want to divorce my wife because she is a characterless lady. She is now pregnant and I am doubtful whether she is pregnant by me or any other else. In this situation the idea of divorce should be stayed. I want to know whether can I pronounce talaq after delivery of child according to the Muslim law applicable in Sunni Muslim in India?
In India, the personal laws governing divorce for Sunni Muslims are primarily governed by the Muslim Personal Law (Shariat) Application Act, 1937. Under this law, the concept of “talaq” exists, but it has undergone changes through subsequent legal developments.
In September 2021, the practice of “triple talaq” (pronouncing talaq three times in one sitting) was declared unconstitutional by the Supreme Court of India in 2017. This ruling stated that instant triple talaq is not a valid form of divorce and must be accompanied by appropriate legal procedures. The court directed the government to legislate on the matter.
The Muslim Women (Protection of Rights on Marriage) Act, 2019 was subsequently enacted to address the issue of instant triple talaq and make it a criminal offense. The act provides for imprisonment and a fine for any person who pronounces instant triple talaq.
I would be better for you to adopt the process of talaq-ul-sunnah and it is still a legal and valid process of pronouncement of talaq. Talaq-ul-Sunnah refers to the form of divorce prescribed in Sunni Islamic law, which follows the teachings and practices of Prophet Muhammad (peace be upon him).
Talaq-ul-Sunnah is considered the recommended or preferred form of divorce within Sunni Muslim jurisprudence. In Sunni Islamic law, Talaq-ul-Sunnah can be pronounced in two ways:
- Talaq-ul-Raj’i (revocable divorce): This form of divorce allows the husband to pronounce a divorce to his wife while she is in a state of purity (not menstruating) and without having had sexual intercourse during that period. Following the pronouncement of Talaq-ul-Raj’i, the wife enters into a waiting period called ‘Iddah, which lasts for three menstrual cycles or three months (whichever is longer). During this period, the husband has the right to revoke the divorce and reconcile with his wife without the need for a new marriage contract.
- Talaq-ul-Ba’in (irrevocable divorce): This form of divorce is a more severe and final form of divorce. It is pronounced when the husband intends to terminate the marriage irrevocably, without any possibility of reconciliation or revocation. Talaq-ul-Ba’in takes immediate effect, and the couple is permanently separated. Reconciliation is only possible if the wife subsequently marries another man, consummates the new marriage, and then becomes widowed or divorced from that subsequent husband.
It is important to note that the specifics of divorce procedures may vary depending on local customs, cultural practices, and interpretations of Islamic law within different Sunni schools of thought. Therefore, it is advisable to consult with a qualified Islamic scholar or a family law attorney well-versed in Islamic jurisprudence to obtain accurate and detailed guidance on divorce procedures specific to your situation.
Can I file a suit for declaration for my second marriage as valid? Wife of first marriage is threatening to take legal action against me when he knew about my second wife. I am in love with my second wife and after taking her consent I married in local temple. We both are happy but when the first wife came to about it she has been consistently abusing and threatening me on phone. Due to fear I am not resuming my job. She is very cruel and can cross any limit to harass me. I am thinking about declaration of my second marriage from the court.
Asked from: Haryana
It appears from the facts of your case that you solemnised second marriage while the first marriage was still subsisting. Therefore, the second marriage is void. You should know about the conditions of a valid marriage. It is established fact and it also appears from your admission that your first marriage is surviving or prevailing.
Section 5 of the Hindu Marriage Act, clearly and explicitly prohibits solemnisation of second marriage while the spouse (wife or husband) of the first marriage is still alive. Therefore, your second marriage is invalid under the provisions of Hindu Marriage Act.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (i) neither party has a spouse living at the time of the marriage.
Section 5(i) Hindu Marriage Act
You have knowingly solemnised second marriage in the subsistence of first marriage. This act amounts to an offense of bigamy. Your first wife can initiate criminal proceedings against you under Section 494 of the Indian Penal Code.
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 494 IPC
Therefore, in the prevailing circumstances declaratory suit is not maintainable. You should try to settle the dispute with mutual understandings of both wives. Don’t think about filing a suit for declaration of second marriage valid. This marriage is void, hence, you have no efficacious legal remedy.
Also Read: What to do when in-laws denying marital status of daughte-in-law after death of their son?
Question: Can I sell my property after passing of decree in a civil suit? In 2017, a property dispute was settled by a decree in my favor by the honorable civil court, and there are currently no stay orders associated with the property in question. The petitioner has filed an appeal in the senior division, which is currently pending before the court. There are no pending litigations recorded in the registry office. Now, we are interested in selling a share of the property in question. Is it permissible to sell the share of the suite property? Alternatively, can we transfer the share to another partner of the suite property? I kindly request your guidance and opinion on this matter.
The property is still a suit property; however, the appellate court has not passed any stay order regarding the execution of decree. In this situation, you can sell the property without the consent of the appellate court.
A transfer pendente lite is not illegal ipso jure but remains subservient to the pending litigation. In Nagubai Ammal v. B. Shama Rao [AIR 1956 SC 593] the Supreme Court while interpreting Section 52 of the Transfer of Property Act observed that:
the words ‘so as to affect the rights of any other party thereto under any decree or order which may be made therein’, make it clear that the transfer is good except to the extent that it might conflict with rights decreed under the decree or order. It is in this view that transfers pendente lite have been held to be valid and operative as between the parties thereto.
AIR 1956 SC 593 page: 602, para 25
Therefore, there are no legal obstacles preventing the transfer of the property in question, either through a sale deed or by transferring it to another co-owner of the property. You have the freedom to choose the method by which you wish to transfer the property.
Question: Wife failed to prove cruelty but I want to withdraw my defence. In 2020, my wife filed for divorce, but I contested it with strong evidence. However, it has been three years and the petitioner evidence stage has just begun. I am considering withdrawing my defense since she has submitted no evidence of cruelty. However, I am concerned if she can claim joint property that is not under the jurisdiction of the Delhi court, and if she can still be granted a divorce. Thank you.
If your wife is unable to prove cruelty, which was the basis for seeking a divorce, the court will likely dismiss her case. As the burden of proof lies with your wife, it is not necessary for you to withdraw your defense. However, it is important to note that you should not give your wife an opportunity to win the case by not presenting any evidence in defense.
The court will carefully review the evidence presented by your wife, and if she is unable to prove that you were cruel towards her, the court will dismiss her case. This will hold true regardless of whether or not you present any evidence in your defense or counter her case.
Question: Some residents are misusing our common terrace and causing nuisance. Our residence is situated in a four-story apartment building, with a common terrace located above our floor. Unfortunately, some of the other residents frequently use this terrace for recreational activities such as playing cricket, cycling, and running, which generates significant noise and disturbance within our apartment. We are seeking advice on any available legal options to address this issue.
One option is to check if your apartment complex has any by-laws or rules regarding the use of the terrace. If there are such rules in place, you can bring the matter to the attention of the building management or the resident welfare association (RWA) and ask them to enforce the rules to stop the noise.
If there are no specific by-laws or rules in place regarding the use of the terrace, you may want to consider approaching the police or local authorities with a complaint of nuisance. If they are causing nuisance which may breach the peace and tranquility in the society, then the authorities can take action against those who are causing nuisance. Police can take a bond from them to maintain peace and tranquility.
You may also want to consider talking to the residents involved directly and requesting that they be more considerate about their behavior on the terrace. If the problem persists, you may need to escalate the matter to the building management or the authorities.
Question: Stopping of Pension or getting pension in part of my deceased father. My mother died in 1996, and in 1998 my father got second marriage. My father was a govt employee and now the pension is being completely acquired by my stepmother. She took all the retirement benefits and did a lot of misdeeds with me. I am 30 year old and even do not have my own home, because it is subjugated by my stepmother and his two children. Is there any way of claiming part in pension or stop the pension that my stepmother is getting. Kindly help in that case.
Family pension is only available to the dependents of retired government servants, and not to those who are able-bodied. However, if a child is disabled or handicapped, they are entitled to receive a portion of the pension as a matter of right, in addition to the pension received by the other dependents. You are not entitled to get pension because you are an abled person.
Question: Hello, we are in the early stages of launching our startup in India and would like to engage an advisor to help ensure that we comply with all legal requirements during the launch process. Could you please provide us with your pricing information for this type of service?
Sure! It’s a great idea to have a legal advisor on board during the launch process to ensure compliance with all relevant laws and regulations. Here are a few things to keep in mind when searching for an advisor:
- Look for an advisor who has experience in the specific industry or sector your startup is operating in. This can be especially important in ensuring that you are aware of any industry-specific regulations or laws that may apply.
- Make sure that the advisor is licensed to practice law in India and is in good standing with the bar association.
- Ask for references and check them before engaging an advisor. It’s important to work with someone who has a good track record and positive reviews from previous clients.
- In terms of pricing, some advisors may charge a flat fee for their services, while others may charge an hourly rate. Make sure to clarify the pricing structure upfront and get a detailed breakdown of the costs involved.
Overall, it’s important to prioritize finding an advisor who is a good fit for your specific needs and can provide valuable guidance during the launch process.
Property manager has refused to return the security deposit. The agreement for my flat ends in May 2025, and the security deposit was 12 lakh. Despite repeated pressure, the property manager has refused to return the security deposit and has lied about the reasons for withholding it. What actions can I take in this situation?
If you have exhausted all options for retrieving your security deposit and the property manager is still not returning it, you may consider filing an FIR (First Information Report) against them for cheating and misappropriation. An FIR is a legal document that is filed with the police in India to report a criminal offense.
You will need to provide evidence to support your claim that the property manager has not returned your security deposit, such as the lease agreement, receipts, and correspondence between you and the property manager. Once you file the FIR, the police will investigate the matter and take necessary action against the property manager.
Question: Negative review about a hotel which was below the standard claiming on the website. I am a paying member of a hotel (name not disclosed) and I pay an annual fee of Rs. 12,000. In February, while dining at the hotel, I saw cockroaches in the 5-star establishment and informed the staff, paid them, and posted a negative review on social media. The hotel approached me to remove the negative review and offered me complimentary services like spa treatments, use of the pool, and brunch. As a paid member with a non-cancelable membership, I had to accept their offer.
During the spa treatment, the hotel applied some products without discussing or disclosing them to me. They claimed that the products were suitable for all skin types. Later, my skin developed rashes and hives. When I looked at the toiletries given, I found that they were already expired. I asked the membership team for a refund and they promptly refunded my annual fees upon learning about my allergies.
I kept asking the hotel and membership team to take action about the expired products, but despite my rigorous follow-up, they have sued me for harassment and issued me with criminal and civil notices, which are factually incorrect.
It sounds like you have been through a lot. Since the hotel has sued you for harassment, it is important to reply (written statement) it as soon as possible.
In the meantime, you can continue to document all interactions with the hotel and membership team, including emails and phone calls. It may also be helpful to gather any evidence, such as receipts or pictures, to support your case.
Regarding the expired products, you may consider reporting this to the relevant regulatory authority, such as the local health department. This can help ensure that the hotel is held accountable for any violations and that other guests are not put at risk.
Remember to stay calm and professional in all interactions with the hotel and membership team. It is important to avoid any behavior that could be seen as harassment. With the help of a lawyer, you can work towards a resolution that is fair and just for all parties involved.
Question: Complaint against construction of extra space. I have a property in MJ Nagar Powai area, with the area ward being “S ward”. We had made the double mala 1+ year ago, which cost near 2 lakh rupees. Recently, my uncle filed a complaint with the Mahanagar Palika, claiming that the room was constructed with extra space, even though we had constructed it as per the room size, and it was legal when compared to other rooms beside ours.
Despite this, there has been no action taken by the Mahanagar Palika. I want to secure my room fully for safety so that it would not be destroyed or affected by anyone. I need your consultation on how to secure the property and what needs to be done now. Should I pay the property tax? If yes, what is the procedure? If not, what else needs to be done? What necessary actions need to be taken now? I would really appreciate it if you could give me your best opinion on the above situation. Thank you.
Based on the information provided, it seems that the issue at hand is related to the construction of a room in your property, which has been questioned by your uncle and reported to the Mahanagar Palika. Despite your assertion that the construction was done as per the room size and was legal, no action has been taken by the authorities.
In order to secure your property and prevent any potential damage or negative impact, it is advisable to consult with a legal professional or a construction expert. They can provide you with guidance on the best course of action, including whether or not to pay property tax, and the procedures involved.
It may also be helpful to gather any relevant documents or evidence related to the construction and legality of the room in question, as this can support your case and help to resolve the issue more efficiently.
Overall, it is important to take swift and proactive measures to address the situation, and seeking professional advice can be a valuable step in protecting your property and ensuring a satisfactory resolution to the matter.
