• Wife left the house

Hello, my wife left the house within 2 months of our marriage when she was alone at home and after that my in laws threatened me and my family that if she is not found we will stab you in some legal case. They lied to us for two days that she is still missing and we are going to see you legally. But next day when we had discussion with my in laws we said if you have found her pls drop her back but they didn't. And after few days they fileda complaint of dowry harrassment, domestic violence etc etc. at women counseling centre and marked a copy to local police station. They have mentally tortured us and now I do not have any hopes that this marriage is going to last long. So I want divorce, pl suggest.
Asked 7 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

1. It is not clear whether your wife ahs returned or traced or not.

2.If no then file a missing complaint and pursue with police to get her back.

3. If she remains missing then no divorce suit will lie.

4.have some patience and wait till your wife is found.

5.in the meantime take bail sicne case s filed and then fight it on merit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1)only in exceptional circumstances can you file for divorce before expiry of one year

2) if FIR is lodged obtain AB from sessions court

3) you can file counter case of defamtion if your wife has malinged your reputation

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Then file the divorce suit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

If you are Muslim and married as per Sharia law, And have a nikahnama , you should follow the procedure of the talaque as Sharia law by issuing a talaquenama and send it as a legal notice to your wife.

Talaquenama is your option as you can't approch court for divorce ,as a Muslim man has no provision in existing divorce law whereas a Muslim wife has.

If your wife aproàches court against the talaquenama , you will be summoned and then you can ask for divorce mutually settling the issue or after issuing talaquenama if your wife refuses it you can approach a civil court with a declaration suit to legalise the talaquenama you performed as per Sharia law.

Since triple talaque is not acceptable in India by courts follow the procedure of getting the talaquenamà issued by a licensed khazi of your area.

The talaque you issue will be srutinised in court as DIVORCE on merit . Unfortunately though we criticise talaque ,a legal option for the same is not yet in paper under the existing laws for Muslim men .So legally speaking,Muslim woman's right of dissolution of marriage act, wakkaf act and Sharia law are the provisions .

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

The acts which deals with Muslim divorce are- Muslim Women (Protection of Rights on Divorce) Act 1986

The dissolution of Muslim marriages act 1936 both ensures the right of woman for divorce not the right of husband .

If she filed or going to file FIR under 498A and other sections of law , you should obtain anticipatory bail.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Immediately file a divorce case based on the cruelty Under section 13(1)(ia) of Hindu Marriage Act-1955

left the home without information and not return back is amount to cruelty against husband and he is entitle to get divorce on this ground alone if not possible to live with her and not able to condone her acts.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

These days pronouncing talaq also becomes very difficult and are being looked down heavily by courts

However since you hav proofs of ther deceitful acts and false cases, you may secure the evidences that prompted you to decide about pronouncing triple talaq.

You can send the communication in writing about the decision for pronouncing triple talaq and bring an end to the marriage by following the procedures namely, witness to the communication, willingness to return the mehr amount to her etc.

In retaliation she may lodge criminal complaint for dowry harassment, which you can challenge by first taking AB and face the trial in the court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

I have filed missing complaint on the very next day and later when police found her after that they have filed the complaint

This is an evidence for initiating legal action against her including talaq and defending her false cases.

The deceitful acts by her and her prents and the mental cruelty in the form of false complaints can be cited as reasons for pronouncing talaq.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. To file for divorce you require the address of your wife where she can be served summons issued by the court. You can thus file the petition for divorce by mentioning her parental home address.

2. Since you are a Muslim you can divorce her in accordance with Shariah by pronouncing triple talaq.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer