Assalamu alaikum hazraat, I am belongs to Hyderabad and I was given Talaq-e-Bhayyan in present for two witnesses to my wife in Qyazayat Office and deposited iddat amount at Qyazayat office. I already paid mehar amount at time of marriage (same day). She filled false cases DP Act cases on me and my family member. She also filled maintenance (125 Cr.PC) case in our district family count. She was told in the court is, she didn?t get any talaq notice from my side and she is maintainable. My question is: Is she having the write to claim maintenance as per islam and shariyat. If I have pay the maintenance amount to her then it is halal or haram? Please advice as per shariyat.
Answer
(Fatwa: 298/251/D=1431)
If you have given two talaq bayin to your wife in the presence of two witnesses, she became divorced talaq bayin. You will have to pay maintenance of the iddah period, if you have already paid it, you discharged your responsibility. Similarly, if you have already paid mahr, now you have no right of nikah on you. Her demand is un-Islamic and invalid. The abovementioned reply was written considering the content of question as true, if the wife has objection concerning any part of the details, or her demand is based on some other evidence, then the case should be raised to any Shariah Panchayat and get solved there.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband