Fatwa: # 15084
Category: Divorce
Country: India
Date: 23rd April 2007

Title

I want know what’s the relation remain between husband & wife after Tallaq-E-Rojei are they continue married life or better go for 3rd Tallaq.

Question

Assalam-0-Alaikum
          
Kindly resend the file & answer my below queries.  Send a mail too.

There are lots of issues with my wife & not happy with her from any angel (She also told me bad word on phone, no respect, etc………..) 1st times she left house for 6 months after compromise from our two groups(Jamat), I allowed her back to home.

She told me number of times you met me here don’t meet in heaven. After telling good things she replied every time in bad way & each day she will create some problems. Otherwise she will tell I will go. I am not happy with her behavior. I guess she is not interested in me. There is no sexual response from her. She told many times call people do Khula(Divorce). One day she told me don’t tell me anything, don’t touch me I'm not more her husband. Again she left the house & not with me from last 5 months. I told her many times go out, nothing left between us. After marriage I guess that she is forcibly married she left the house without informing me & my parents 5 times in 2 years of our married life. Starting 3 times she came back with his uncle, his uncle told me it will not happened next time forgive her.
After coming back she told me my mother send me otherwise I'm not interested to come. Her family involved in doing Black Magic they did me many times but Allah saved me from this Magic. After suffering from more than 2 years I & my family decided better to separate. My all family member & relatives in tens because of me. They want to see me happy in life. Please tell me on what stage I'm now. I heard she is having some affair with 1 guy & guess too I told her go out from home & from life too, she left the house 5 months back with my son without informing. Kindly explain what the solution is.

In this situation if husband & wife not together for 4 months I read it’s called Tallaq-E-Bain (1st time) & Tallaq-E-Rojei (2nd Time)

I.e. Automatic Tallaq. I want know what’s the relation remain between husband & wife after Tallaq-E-Rojei are they continue married life or better go for 3rd Tallaq. Kindly explain me about all three Tallaq in details.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

A mere separation between the husband and wife for any period does not constitute talaq. If you are certain that your marriage will not work out, then you should consult the seniors of your family and decide the best course of action. If the seniors advise you to terminate the marriage, then you may give one talaq-e-bain to your wife. The nikah will immediately terminate. There is no need to issue three divorces.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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