Talaaq

Girl's father sending a legal notice of divorce

Q: One of my colleague got married last year. But his wife initially was not sent to his house with both side family consent. As they were waiting for a grand party to be done from both side. Nikah was done very simply. But before that his wife came to stay with him for some time due to some urgent work in the city. They were staying like husband and wife. However my friend did not tell me whether they had husband and wife relationship. After staying with the husband for 4 weeks approximately the girl went back to her father's house and started telling her father that she has lot of problems with her husband and wants to study higher but till the completion of her studies she will not have any husband wife relationship. After 2-3 months of conversations, girl's father on behalf of girl sent a legal notice of divorce. In which it was mentioned that if my friend does not reply for this notice within 3 months divorce will be done automatically. Is this divorce right according to Shari'ah when the boy didn't say 3 times talaaq however he was ready to be separated?

If I ever speak to you, my coming wife will be divorced

Q: My question is that one of my friends had a fight with his friend and in anger he said to him that `if I ever talk to you, my coming wife will have a (kullama) divorce.' While saying this no women was in his mind, I mean whosoever he will marry she will have a kullama divorce. Now he wants to talk to that person again and wants to get married also. What is the solution?  

Fask of nikaah

Q: please help my Islamic understanding of this, I have been married for 9 years when my wife informed me on the Sunday evening that she has decided to return to her mothers house and the marriage was over. I told her she should stay home or could go to her parents (temporarily) but to please attempt to reconcile the marriage. After she left the next day she and her family refused any attempt at reconciliation (except for three sessions with a psychologist where again she simply stated the marriage is finished and there was nothing to discuss)  

I would like clarity on FASAKH or annulment granted by Imam Wahab of the Majlisushura Al Islami and request  Islamic guidance regarding custody of my three year old son

The fasakh was given on the 03 May 2008, on the basis of the ‘emotional state’ of my wife

Divorcing in court because one was married in community of property

Q: If a couple are married "in community of property" and wish to divorce only for the sake of rectifying this situation that's not compliant with Shariah - how can they achieve this without annulling the Shari marriage? Many people are caught up in this predicament and want to correct the situation but don't want their Islamic marriage to be dissolved.

Divorce in the High court

Q: A husband issues a summons filing for divorce in the High court (the couple are married Islamically and in accordance with SA law) - in the summons he states:

"Wherefore the plaintiff claims: 1. A decree of divorce"

Would this constitute a proclamation of divorce in Shariah? The husband does have the intention to divorce his wife and has mentioned several times that he will divorce her. He has not pronounced the words Talaaq or divorce directly to her. Would the above mentioned works "a decree of divorce" be sufficient to annul the marriage?