• Abusive wife

Muslim man 36 years, wife 32 years, daughter 6 years.

Married for 9 years and my wife is emotionally abusive. Always finds faults with me, irritate me, insult me, demoralize me. She never listens to me and go wherever she wants without informing me. She misbehaved me on the very 'first night' itself. She is over attached to her father and still follows his instructions. He supports my wife unconditionally and always puts blame on me. My parents are divorced and I do not have a relative who can strongly stand by my side. Wife and her father is taking full advantage of this. I have tried everything to make her happy, but she will find new reasons to keep me feeling guilty.

Due to overwhelming stress and anxiety, last year I had a mental break down and doctor asked me to take pills. My wife and her father phoned all the relatives and friends and told them I am insane. Its strange to see them celebrate this news.

There is seriously something wrong in the relationship. I feel like trapped in this relationship. The behavior of my wife was always strange and I am in a mental confusion since the beginning of this relationship. To be honest I am afraid of my wife and her father. He maintains a clean image externally but I very well know he is not a straight forward person. They are comparatively richer than my family and have a good number of relatives.

I am very much attached to my daughter. Wife takes care of my daughter very well (I must say this).

I am thinking about divorce. 

Is it possible to get divorce? If so, who will get the custody of the daughter? what is the procedure for divorce? Will the psychiatrist's prescription back fire me?
Asked 1 year ago in Family Law from Trivandrum, Kerala
Religion: Muslim

you can file for divorce on grounds of mental cruelty

2)wife abusing husband amounts to mental cruelty

3) custody of daughter is generally granted to mother

4) you would get visitation rights

5) psychiatrist prescription would not back fire on you

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You will have to give her divorce by pronouncing 'talaq' once every month during her menstrual cycles.

You can apply for custody in court.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Yes it is possible to get divorce. Since you are governed under Muslim Law, you may give her a divorce personally or through court. Regarding the custody of the child, it usually goes to the mother but you can make a good case on your side and try for that. The psychiatrist bill will not backfire on you.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Dear Client,

Mental cruelty valid ground for divorce same shall be proved by wife abusive nature and medical treatment but women have more right to custody of children than men.

A husband may divorce his wife by repudiating the marriage without giving any reason.

Tripple talaq is declared invalid.

Ila and Zihar available options to divorce your wife.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear client U Can TAKE DIVORCE.

On the ground of cruelty of ur wife...

U r innocent that's y they r playing with u...

She left u by her own... So she showed cruelty to you always...

If possible when they call u over phone.. record.. full conversation between u and ur wife or with ur father in law... It will be great proof .

Because of her torture u got mental tention.. so only prove that..

No need to prove as psychiatrist's prescription.

For more details please Call me through kaanoon.

Pl . RATE me for Appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
301 Answers
9 Consultations

Not rated

Don't think of divorce but take a break and let her realise your importance

As this is not clear in your query that your wife is also looking get divorce from you and she is taking very good care of the child your relationship needs some sort of break from the routine life any possible you have to go away from her for quite some time and let her feel that you are leaving

This may help you and in case you don't find any problem after that then you may continue with your lovely relationship as you have a lovely daughter as well divorce will not give you that kind of satisfaction that you can get him this relationship

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1)Marriage under the Muslim Law (Nikah) is a civil contract entered into between two people of opposite sexes with a view toaremutual enjoyment and legalization of children

2) divorce". In classical Islamic law it refers to the husband's right to dissolve the marriage by simply announcing to his wife that he repudiates her.

3) Women have more right to custody of children than men; in principle custody belongs to them, because they are more compassionate and more kind, and they know better how to raise small children, and they are more patient in dealing with the difficulties involved. The mother has more right to custody of her child, whether it is a boy or a girl,

4) in muslim law if husband want to divorce her wife the procedure is very simple, husband want to contact a qazi (Qazath office) Qazi will proceed your divorce.

5)Dear Brother in Islam, Allah Subhanah has permitted the believers to marry of their choice; and if for a valid reason, the two of them do not wish to live their lives together, Islam has allowed the two of them to separate through divorce. If one has a valid reason for divorce, regardless of whether the divorce is initiated by the husband or the wife, there is no sin upon them; but if one divorces for a petty or invalid reason, indeed it would be considered a sin in Islam.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Hi,

Since the situation has been worsen by her, the medical treatment will help you only. You may proceed for divorce along with custody of child. At the same time, you are also reminded of the difficulty of false women oriented cases and start writing sanha (informatory applications) to police authorities for your timely protection.

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

1. Since you are a Muslim you may divorce her according to Shariah. Wife has the remedy though of challenging it in the court.

2. In so far as the custody of daughter is concerned the courts are to decide the issue of child custody on the touchstone of welfare of child alone, but ordinarily the courts grant the custody of a minor to mother with visitation rights to father unless the conduct of mother is proved as unbecoming of a mother.

3. The psychiatrist's prescription may backfire on you.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

If there is substantial differences in your income then you have to pay maintenance to your wife

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Sir the Muslim man can divorce according to the muslim personal laws according the judgements you can give notice of divorce to your wife telling all the reason and giving a period so that if she wish she can mend her ways otherwise you shall divorce.

Further you bot can for mutual divorce if she is not agreeing you can give her a divorce.

She for child custody an application to the court can be made or you both can mutually decide and keep the joint custody of the child.

There is no way for muslim man to divorce through the court.

Please refer the below article for detailed divorce procedure for muslim man.

http://www.legalserviceindia.com/article/l393-Divorce-under-Muslim-Law.html

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You will not need to pay maintenance as sh3 is working. Only Mehr will go with her.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Though depends upon your income and lifestyle in your case since she is earning and working she is not entitled for maintenance though you have to maintain the daughter.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Since you are a Muslim male you may have to find ways for dissolution of marriage as per Muslim personal law or sharia law only.

You can consult a Qazi of the mosque and pronounce Talaq as per Shariat law keeping this Qazi as witness and communicate this decision to her by a letter sent through registered post.

The iddat formalities may be observed as per law.

For child custody you may file a case for child custody before a court competent.

Since the child is over 5 years of age, you may have better chances if fought well.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

The maintenance or alimony will depend on her filing the petition for that.

At that time you may argue that she is employed and earning a handsome salary hence she is not eligible for any maintenance amount.

You can produce the evidence of her employment before court and prove her sources of income, to enable court to dismiss her claim for maintenance or alimony.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Earning wife not entitle to maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Since your wife is earning 50k a month you may contest her maintenance case if she files it. You will have to prove her earnings through cogent evidence.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

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