1) if any FIR is filed against your brother police would issue him notice to record his statement
2) there is no automatic arrest in dowry harassment case
3) apply for and obtain AB from sessions court
My brother was harassed by his advocate wife, he already launched the NC to the nearest police station, but still, police inspector harnesses my brother often. she always said I am a lawyer and trap you and ur family in 498 case
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what is the simple procedure to file the divorce?
1) if any FIR is filed against your brother police would issue him notice to record his statement
2) there is no automatic arrest in dowry harassment case
3) apply for and obtain AB from sessions court
1. Lodge a complaint with the local police against her and her relatives for causing criminal intimidation.
2. The procedure to file divorce is well defined which neither simple nor difficult.
3. If she has caused tortures to you then you can file suit for divorce on the ground of cruelty.
4. Do not get necessarily sacred by the threat of 498A as in such cases getting bail has nowadays become routine and conviction rate under physical torture is proved medically is minimum.
5. So meet an advocate and tell your problem . He will draft the petition and get it filed in court.
Supreme Court has off lately taken a very strict view against disgruntled wives and come down heavily upon them from exploiting the women centric laws.
Your brother should not worry and should continue on his stand.
If her wife manages to lodge a false case against him, he should approach the High Court and seek its intervention.
If a false complaint is registered against you by your wife, you have two options ,either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.
There are hundred of cases where the husband put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against husband. In such a situation the husband can do the following to safeguard.
Once the FIR is lodged, the man can apply for anticipatory bail.
InshaAllah Follow this instruction You Brother Will Be Safe and Contact With Experienced Family Lawyer Who know About Muslim Law.
hello
a divorce petition must be filed before the family court citing the existing grievances. the court would issue a notice to the other party.
regards
Firstly if police is not taking action lodge a private complaint with magistrate under section 200 Crpc. The.simple and effective way is to give divorce by mutual consent. But if she's not ready you need to file for contested divorce under ground of cruelty under.section 13(1)(ia) of hindu marriage act. You need to collect evidence of all the threats given by.her like recording etc.
Sir in muslim law the a muslim man can give divorce only through personal law. First give a notice of divorce to wife then after period of three months declare the divorce. After divorce declaration of divorce can be sought in court.
Express Talaaq (by husband):
When clear and unequivocal words, such as “I have divorced thee” are uttered, the divorce is express. The express talaaq, falls into two categories:
• Talaaq-i-sunnat,
• Talaaq-i-biddat.
Talaaq-i-sunnat has two forms:
• Talaaq-i-ahasan (Most approved)
• Talaaq-i-hasan (Less approved).
Talaaq-i-sunnat is considered to be in accordance with the dictats of Prophet Mohammad.
The ahasan talaaq: consists of a single pronouncement of divorce made in the period of tuhr (purity, between two menstruations), or at any time, if the wife is free from menstruation, followed by abstinence from sexual intercourse during the period if iddat. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing. Similarly, this requirement is not applicable when the wife has passed the age of menstruation or the parties have been away from each other for a long time, or when the marriage has not been consummated. The advantage of this form is that divorce can revoked at any time before the completion of the period of iddat, thus hasty, thoughtless divorce can be prevented. The revocation may effected expressly or impliedly.
Thus, if before the completion of iddat, the husband resumes cohabitation with his wife or says I have retained thee” the divorce is revoked. Resumption of sexual intercourse before the completion of period of iddat also results in the revocation of divorce.
The Raad-ul-Muhtar puts it thus: “It is proper and right to observe this form, for human nature is apt to be mislead and to lead astray the mind far to perceive faults which may not exist and to commit mistakes of which one is certain to feel ashamed afterwards”
The hasan talaaq:
In this the husband is required to pronounce the formula of talaaq three time during three successive tuhrs. If the wife has crossed the age of menstruation, the pronouncement of it may be made after the interval of a month or thirty days between the successive pronouncements. When the last pronouncement is made, the talaaq, becomes final and irrevocable. It is necessary that each of the three pronouncements should be made at a time when no intercourse has taken place during the period of tuhr. Example: W, a wife, is having her period of purity and no sexual intercourse has taken place. At this time, her husband, H, pronounces talaaq, on her. This is the first pronouncement by express words. Then again, when she enters the next period of purity, and before he indulges in sexual intercourse, he makes the second pronouncement. He again revokes it. Again when the wife enters her third period of purity and before any intercourse takes place H pronounces the third pronouncement. The moment H makes this third pronouncement, the marriage stands dissolved irrevocably, irrespective of iddat.
Talaaq-i-Biddat:
It came into vogue during the second century of Islam. It has two forms: (i) the triple declaration of talaaq made in a period of purity, either in one sentence or in three, (ii) the other form constitutes a single irrevocable pronouncement of divorce made in a period of tuhr or even otherwise. This type of talaaq is not recognized by the Shias. This form of divorce is condemned. It is considered heretical, because of its irrevocability.
Ila:
Besides talaaq, a Muslim husband can repudiate his marriage by two other modes, that are, Ila and Zihar. They are called constructive divorce. In Ila, the husband takes an oath not to have sexual intercourse with his wife. Followed by this oath, there is no consummation for a period of four months. After the expiry of the fourth month, the marriage dissolves irrevocably. But if the husband resumes cohabitation within four months, Ila is cancelled and the marriage does not dissolve. Under Ithna Asharia (Shia) School, Ila, does not operate as divorce without order of the court of law. After the expiry of the fourth month, the wife is simply entitled for a judicial divorce. If there is no cohabitation, even after expiry of four months, the wife may file a suit for restitution of conjugal rights against the husband.
Zihar:
In this mode the husband compares his wife with a woman within his prohibited relationship e.g., mother or sister etc. The husband would say that from today the wife is like his mother or sister. After such a comparison the husband does not cohabit with his wife for a period of four months. Upon the expiry of the said period Zihar is complete.
Firslty, this statement is in fact the main ground of divorce as it falls under the category of cruelity.
Secondly, try to record the same and file the divorce.
Thirdly, if you happen to prove cruelity then you may not have to give any alimony to her.
1) You brother can apply for Mutual Consent Divorce or Judicial Divorce as per the Special Marriage Act.
Directly pronounce divorce to her by written Talaqnama as Talaq-E-Hasan.
regularly three months and pay her iddat period maintenance and Mahr if not paid.
Divorce will be completed
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This is my response to you:
1. Record all what she says audio and video recordings and burn that into a CD;
2. Audio and video recordings are admissible in the court of law under Indian Evidence Act;
3. Also you can complain to the Bar Council of Maharashtra and Goa for using her position to harass your brother;
4. File for divorce under cruelty;
5. Ask the court to expedite the process;
6. Agree to pay less maintenance because you have debts and loans;
7. Before you do all this engage services of a lawyer and take prompt legal advise.
If the police is not cooperating or initiating any action against the lawyer wife, then you my approach the top police of the city or approach the judicial magistrate with a complaint under section 482 IPC through an advocate, for a direction to the concerned police to initiate proper steps against your brother in lawl