• Harassment by wife

My age 28yrs, service, earning 12k p.m.mother age 55 yrs,widow, total 2 members in family exc wife. no child, muslim, wife age 20 yrs, house wife.marriage date 22/04/2016.Our marriage is done by qazi.
wife left matrimonial house 8 months back came with secretary of our jamat and took half of belongings of her. written on a peace of paper with sign by witness. reason for living matrimonial home is not allowing use of mobile phone gifted by her father, stale food to eat and my legal case.
1) She informed our jamat members doesn’t want to join matrimonial home and she will take khula as per muslim .If she wants khula I am ready to give her. I am afraid of maintenance and dowry case if I give divorce to her. Is there any way if I divorce her she can’t file anything. I am ready to give her streedhan we informed also but to collect it they are not coming to collect it. I said if u will not collect will donate it. They don’t come with papers just verbal they says.
2) Doing case in family court is a lengthy procedure is there any other way. Our jamat members are also not helping us. If I send legal notice or notices by qazi if they don’t reply then I send talaq to her than also she can file false case. There is no communication between us only mediator is jamat. Pls sugest.
3) I have criminal case against me its been 8 months charge sheet is not yet filed. i have given money to a frd she file case against me under sec 354,383,506. i dont have any criminal records. it 1st case. does chargesheet will be filed after a year also. on base of this case can wife can file any case against me or she can do anything
4) when she went to father home she aborted child I have medical file be useful. She is very hyper and she was saying me she is having black magic her family didnt at the time of treat will call police also. they came took the statement of wife. she says in the statement i am happy she dont have any problem. then police left next day morning her family member came and took her away i was on my job my mother was thr after that we wrote a letter to police that they were harrsing me they can charge false complaints like dowry and mental torture and she left with her own wish. does police complaint helpful for me.
5) She is from nashik if she files any cases i have to go nashik everytime or case should be file in mumbai bcz i have to take care of mom and job i am the earning person in family.
6) what first step should i take now i am very much confused they dont reply my calls and jammat calls they dont comes also for meeting.
7) If they file any complain can i file complaint against them of base of letter given to police as a counter case. which case can i file against them.
8) If i file divorce case what will be time frame and appx amt of filing case.
9)If I do 2nd marriage not divorcing 1st wife what 1st wife can do.
10)how to safe guard us from false cases. 
pls suggest ap per muslim n indian law
Asked 8 years ago in Family Law
Religion: Muslim

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5 Answers

1) you can issue wife reconciliation notice fixing date and time for meeting in presence of elders

2) if wife does not attend metting you can divorce her as per Muslim personal law

3) reasons should be mentioned for divorce . Return Meher amount and maintenance during iddat period

4) wifecannot file case against you merely because your friend has filed case against you

5) police complaint wherein wife made statement that she is happy in her matrimonial home will help you

6) your letter to police will help you

7) if complaint is filed in Nashik you have to attend court in Nashik

8) contested divorce cases take 5 years to be disposed of

9) if wife files false dowry harassment case obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Q. I am afraid of maintenance and dowry case if I give divorce to her.
A. if she claims maintenance under section 125 of crpc then she cannot get any maintenance because it is her fault and a guilty party cannot claim maintenance under this section.

Q. I am ready to give her streedhan we informed also but to collect it they are not coming to collect it. I said if u will not collect will donate it. They don’t come with papers just verbal they says.

A. you should deposit her all belongings before the court. you may file a suit and deposit all things before the court thereafter court will handover it to you wife. In this condition she cannot file any case about misappropriation of property or dowry.

Q. on base of this case can wife can file any case against me or she can do anything

A. no, because no second FIR or complaint can be filed in same offence. if any other offence has committed in the same transaction or any offence related therewith then the court is proper authority to decide whether any other proceeding is to be started or not. she cannot file any complain on the basis of that FIR

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. If she is ready to dissolve the marriage by khula then you can make arrangements for that.

Once she opts for khula then she may not go for false dowry harassment and other cases against you.

2. For divorce you need not approach family court, you can simply follow the Shariat rules by pronouncing triple talaq and b serve iddat and also give her the mehr if it was not done earlier.

You can make a list of stridhan held in yor house, bundle it and put it in a corner and return it whenever she claims it.

3. She has already lodge criminal complaints against yo based on which the said criminal case has been slapped on you. Hence she may not approach police with fresh case until you dont disturb her once again. The police may take even one year for filing the charge sheet.

4. The police complaint will be useful to you during trial proceedings.

5. Wherever the case is conducted you may have to attend the court at that place.

6. You may go for talaq

7. You can file a counter case if ther are reasons with you

8. You can pronounce triple talaq, it will be completed soon.

9. It is permitted in Muslim religion, it cannot be a problem to you.

10. Take AB

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Wife can claim one third of your income as maintenance if she is not working

2) you have to pay iddath amount in case of

Khula

3) court can award wife 3thousand as maintenance

4) quashing is to be done only in exceptional circumstances

5) wait to filing of charge sheet

6) there is no automatic arrest in 498A cases

7) you can pay cash surety

8) you should disclose pending cases when you apply for passport renewal

9) you need court permission for passport renewal

10) only after FIR is file can you apply for AB

11) wife may file case in Nashik

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

1. Whether you give her talaq or not, whether you continue this married life or trying to dissolve the same, if she is deciding to wreak vengeance on you by foisting false cases on you, you cannot stop her from going ahead except to take precautionary measures to avoid being arrested.

2. There is no such judgment nor it is supported by any law.

3. There is a method to calculate the iddat period based on the menstrual cycle, you can ask from the local in this regard and confirm what and how it is to be observed.

4. If she is not earning or not able to sustain her expenses, the court may grant up to 1/3rd of your income.

5. If she is employed or if she has voluntarily abandoned her matrimonial home without any valid reasons.

6. The reason what you rely upon.

7. You can consult a local advocate and go for FIR quash also by filing a petition under section 482 cr.p.c. before high court.

8. Police will first summon you to the police station and then after registering the FIR, it may arrest you to show their gratification to her for the grafts received from her, hence you may better avoid visiting the police station if being summoned before taking AB.

.

9. You will be let known about this as per the local procedures.

10. Dont worry about it, since there is no conviction or pending criminal cases in the court, you can be rest assured of it

11. You will get a call from police

12. You can take anticipatory bail only after she lodges a complaint and the police registers a FIR.

13. It will depend on her, no predictions can be made on this.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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