Unintentional Divorce

Question

I have a question about divorce. Does it legally separate the couple if the husband addresses the wife and unintentionally says "talaq" (I divorce you)? What about talaq when you are just angry and say that while there is none to witness this act?


Answer

As for the question of unintentional divorce it can be at times considered by the court after investigation and at other times it cannot be applied. There is no general principle in this regard because there are issues which are considered by the judges while deciding such problems. Same is the case of divorcing one's wife in anger. It should mostly not be considered by the court if it is proved that the husband has done so under extreme stress and anger. This too however in some cases be considered by the judge.

There is no difference between a talaq issued in the presence of people and in private. Talaq issued in the private is also talaq. The only difference is that if a wife goes to the court and claims that she has been divorced by the husband who can then deny doing so then the judge will try to assess the veracity of the claim of the wife and considering the circumstances.

We cannot decide or judge these issues on the basis of the statement of any of the parties. Every such case should be brought to the court and both the parties need to be heard carefully and thoroughly before passing the judgment. I hope you understand why it is difficult to give a clear judgment for us.

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