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Did I ever say “Mai tumhe talak deta hun” in any of the three incidences mentioned in the paper note?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My wife and I had a fight in which I said word talak twice. My younger sister was witness to this. This was amicably settled between us. Though I love her so much and want to spend whole life with her. Later she had a fight with me and packed her all belongings went to her parents place leaving. From there she wrote a paper note claiming that there were another three incidences apart from one above mentioned when I said word talak. One over phone but I remember that I never said that Mai tumhe talak deta hun. I just replied to her conversation that when she said that “agar etni problem hai to mijhe talak de do” to this I just replied that I am sending the divorce paper please sign. There is no one witness to this, and I never used word talak. Later she mentions in her paper note that in front of my mother I said two time talak, to which I and my mother both deny that I said word talak.

Answer

(Fatwa: 372/289/H=1434)

You affirm clearly that you gave two talaqs. Thus two talaqs took place without any doubt. Your wife claims that some other talaqs have also occurred instead of these two talaqs and your memory goes against it. You say, “However, I am sending the talaqnama”, but you did not write whether you sent the talaqnama or not? If you have written or sent that talaqnama then you should send us its copy as well. However, now it is better to file your case in Shariah Panchayat or Darul Qaza and you should follow whatsoever judgment is passed after the investigation of the case.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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