He said talaq three times at once, or by phone or message
That talaq is void in law. You are still married, and you can claim an allowance and custody.
Instant triple talaq (talaq-e-biddat) has been void since 2019, whether spoken, written, or sent by WhatsApp or SMS. It is also a criminal offence if you or your family report it. You can ask the magistrate for a subsistence allowance and custody of your young children, or claim maintenance under Section 144 BNSS.
Your rights
Instant triple talaq is void
The law says
Saying talaq three times at once, in person, on paper, by phone or by message, does not end the marriage. You are entitled to a subsistence allowance for yourself and your children, and to custody of young children. Talaq-e-hasan, spread over three months, is still legal and is being heard by the Supreme Court.
Muslim Women (Protection of Rights on Marriage) Act 2019, Sections 3 to 7
The Quran says
ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍ
“Divorce is twice. Then, either keep her in an acceptable manner or release her with good treatment.”Monthly maintenance from your husband
The law says
A wife, or a divorced wife who has not remarried, who cannot support herself can ask the court for monthly maintenance for herself and her children. There is no upper limit. The Supreme Court said in 2024 (Mohd. Abdul Samad) that this applies to Muslim women too: maintenance is "not charity".
The Quran says
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِۦ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُۥ فَلْيُنفِقْ مِمَّآ ءَاتَىٰهُ ٱللَّهُ
“Let a man of wealth spend from his wealth, and he whose provision is restricted, let him spend from what Allah has given him.”What to do, step by step
- 1
Make sure you are safe
If you are in danger, call 112. For help and shelter, call 181 or go to the One Stop Centre in your district.
- 2
Get a free lawyer
Every woman is entitled to free legal aid, whatever her income. Call 15100, apply online, or walk into the legal services office at your district court. Carry your ID and any papers you have.
- 3
Collect your papers
Tick what you have. Your lawyer will also help you prepare the affidavit of your income and expenses that every maintenance case needs.
- 4
Your lawyer files the case
You can file in the court where you live now, even if it is your parents' city. Ask for interim maintenance at the same time.
What to expect
A legal aid lawyer can help you choose between a police complaint, an allowance under the 2019 Act, and maintenance under Section 144. You can use more than one.
This is information, not legal advice. For your own case, talk to a free legal aid lawyer: call 15100.