The talaqnama forms are equivalent to the western marriage certificate. In this form, a couple get married, and then the wife is given a talaqnama which specifies that she can file for divorce from her husband in case he fails to fulfil his marital obligation. The talaqnama has been an inherent part of Muslim society since medieval times. There have been major reforms in the modern Islamic law by the ruling authority according to various Islamic scholars and ulama all over the world. In Urdu language, standing for "talaq namma" means "divorce certificate". The term "talaqnama", which means "divorce paper", is a legal term derived from the Arabic word for divorce, "talaq". In India, this document is the most popular way to get a divorce. The talaqnama is always drafted by an advocate. In Muslim majority countries, the state law does not deal with marriage and divorce/ talaq. Moreover, in countries such as Pakistan, Malaysia and Egypt these forms have been abolished by legislation. However, the talaqnama still continues to be issued by Muslim clerics in India and Bangladesh. The talaqnama is used to document the divorce action. Once signed by both parties, this document provides evidence of a couple being married in the first place. This is why the wedding party witnesses the signing of this form. The talaqnama is effective when three witnesses are present at that time of signing, but there is also no limit on the number of witnesses that can be present at any stage during or after completion of the document. The most common use for this form is in cases where there are conflicts between husband and wife about essential details such as dowry, mutual consent towards consummation, and preparations for religious ceremonies like nikah (Islamic wedding) etc. Once divorce is complete, the talaqnama is sent to the court for registration. Once the husband has completed three such talaqs (divorces), he can file a case in a family court against his wife and requests for maintenance. The court will either grant maintenance or quash the petition. If the petition succeeds, then the husband would have to pay maintenance to his wife and continue with her as before. The process of filing a talaqnama depends on which state you live in and often your particular personal circumstances. In some states, such as Kerala and Delhi, where Islamic population is quite high, it is easier to obtain a talaqnama than elsewhere. It is of huge importance to note that the choice of the court to register the talaqnama is entirely at the discretion of the judge. The process of recording talaqnama generally takes between two days to two weeks. The time required depends on how busy staff are, how many cases are pending, and whether any legalities need to be fulfilled first. Often it is necessary for witnesses, if required, to personally come forward and give evidence or testify about what transpired on specific dates or whether some other details are correct. 8eeb4e9f32 46
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