I am a Muslim man and my wife filed a divorce case against me stating that I am impotent. This in fact is untrue. She has already obtained a decree from Court so what can I do?

If your wife has filed a case against you saying that you are impotent, and if this is untrue, you can deny these allegations by going to Court with the assistance of a lawyer. Even if you are impotent, under the law, you have every right to file an application asking for time (one year) to prove to the Court that you have ceased to be impotent.

Can I annul my marriage under Muslim law?

Under Muslim personal laws, if a marriage is conducted by violating certain rules and customs, then they are known as Batil marriages. These kind of marriages can be annulled by going to Court. If you do annul such a marriage, then it would be as if the marriage never took place.

Can I divorce my wife by saying talaq, talaq, talaq at once under Muslim law?

No you cannot divorce your wife this way.

In 2017, Courts viewed talaq al- ba’in or triple talaq as a form of divorce which is no longer valid and one which cannot be practiced by husbands in India.

In this type of divorce, you can divorce your wife with three pronouncements of divorce at the same sitting. The effect of Triple Talaq is that the marriage comes to an immediate end once it is pronounced.

This form of divorce, left no room for the husband to change his mind nor did it give the woman any say in the way her own marriage ends.

For example, Arshaf says “Talaq, Talaq, Talaq” while looking at his wife one afternoon. Instantly, the marriage and marital obligations comes to an end. There would only be certain legal obligations between them which would remain, such as the husband or wife cannot inherit money or property from each other.

As of today, such divorces are illegal under the law and even if you do it, you would not be divorced from your wife.

What is talaq under Muslim law?

Talaq is divorce under Islam. Each School of Muslim law has a different approach to ending a marriage.

For example, the practice followed by the Ithna Ashari School is that they have to orally say the word talaq in front of two Muslim males who would be witnesses to the divorce and they have to say a certain set of words to end the marriage.

Can a parent file a maintenance application against more than one child or relative?

Yes, you can. As a parent, you can file your maintenance application against all your children. All of them have a duty to maintain you. As a senior citizen (without children), you can file your maintenance application against any or all relatives who possess or will inherit your property. If there is more than one such relative, each relative is supposed to pay maintenance in proportion to the property that they will inherit from you.

Can the amount of maintenance given to a parent or senior citizen, change at a later time depending on the situation?

Yes. The amount of maintenance can be altered/increased by approaching the court, if there are changes in your requirements like increase in cost of medical treatment. However, do remember that the amount can also be decreased depending on whether you now have an additional source of income or your requirements have decreased. It can also be canceled – for example, if you have converted to another religion and are no longer a Hindu, the judge may cancel payments as you are no longer eligible to receive maintenance under Hindu law.

I do not have sons. So, can I claim maintenance from my daughter?

Yes. Both sons and daughters bear the duty to maintain parents equally. Even married daughters have a duty to maintain their parents. However, the court will order her to pay only from her own money and assets. The married daughter’s husband has no duty to support his wife’s parents.