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Should I consider myself married or divorced based on my husband’s public declarations?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
This is to help me for a reason, i recently got married and after two months of marrige my husband starts quarreling & beating and doubting me of having an affier,even one day he tried to kill me by choking me, after that I went to my mother’s house. On this he starts to say in all my nearby realatives and surrounding that he has divorced me, now we are not together, we are now seprated, reapetedly even when my brother went to him to discuss he said that he dont want to discuss any thing & he has given TALAQ to me, Then after some time he filed a case to call me back in court , but he himself not attended any hiearing and never shows any interest in solving the matter. That case got dissmissed by court. Now he has filled a case aginest me for divorce and is asking for rs 300000 for out of court divorce and is refusing to pay my meher, now it has passed abot 1.5 yrs my family is getting impatient whether i am married or divorced , should i start my period of iddah, or shuld i get ready for this out of court settelment by paying rs 300000 & geting divorce paper signed. now he only talkes on phone & it comes to my knowledge from some relible source of his side(with photograph of marrige) that he has married some other girl in delhi & told her parents that he has divorced me . Kindly Guide me shuld i consider his declairing in public as divorce & ask for meher, or shuld i consider my self married.

Answer

(Fatwa: 999/B=193/tb=1431)

If it is admitted by the relatives in whose presence he has given talaq, then talaq took place though he has given fake talaq, as well as iddah period was over. It is wajib on husband to pay whole mahr (dower) if he spent sometime with her in privacy. So you have the right to demand your mahr.

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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