• Harassment by wife

Dear Sir,

I belong to Muslim family and was married on 14 April 2016.
On 19 april 2016 I found that my wife involved in relationship with other person.i came to know it during her conversation on phone with him.
Then I tried her to stop such activities but she continued to do so. And abused me that i wanted to marry that guy because she loved him. Here i come due to my father pressure on me.Always she quarreled with me warned me " I will commit suicide".
Then she blamed my family members for the activities which they not performed. I talked to her father by saying that take her and got married that guy whom she loved. His father did not responded on it oppositively he abused my mother and intructed all relatives to arrange a separate residence to live.
Then I took a flat on rent and started to live with her.
But her activities of talking with that guy continued here also. I was totally harassed and said her to leave me. Then she left from tthere on 26 feb 2017 asking that she will not come here and will live with her lover. I asked her to finish our marriage mutully but she respond nothing on that.
Now aftet a period of 18 months she come with 15-20 persons with her and entered my mothers house and asking report to police if they compelled to exit her.
I am totally memtally disturbed and want divorce from her
Please advice
A
Asked 4 years ago in Family Law
Religion: Muslim

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16 Answers

Dear Client

You can get divorce on the ground of adultery if you can prove her live in relation with that other guy. If it is proved that she was in adultery than you even dont hv to pay her any maintenance and would also get a very good ground of divorce.

Adv vikas khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

you can divorce your wife as per muslim personal law

2)reasons should be mentioned for divorce

3) you can issue her 3 consecutively monthly divorce notices

4) it should be preceded by attempts at reconciliation

5)pay her meher amount and maintenance during iddath period

your wife has no rights on property standing in name of mother

2) your mother can file suit seek orders to direct daughter in law to vacate portion of house in her possession

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

being muslim you have rights, if your wife having extra martial affairs then you can divorce her as per shariah law.

contact your area Qazi, Also called Qazayath e Daftar, issue a legal divorce notice Talaqnama through Qazayath e daftar and Before talaq you have to pay meher amount.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

Please follow the below muslim law, it will help you to get divorce from your wife.

DIVORCE BY MUSLIM HUSBAND

Modes of Divorce:

A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court.

There are two categories of divorce under the Muslim law:

1.) Extra judicial divorce, and

2.) Judicial divorce

The category of extra judicial divorce can be further subdivided into three types, namely,

• By husband- talaaq, ila, and zihar.

• By wife- talaaq-i-tafweez, lian.

• By mutual agreement- khula and mubarat.

The second category is the right of the wife to give divorce under the Dissolution of Muslim Marriages Act 1939.

Talaaq: Talaaq in its primitive sense means dismission. In its literal meaning, it means “setting free”, “letting loose”, or taking off any “ties or restraint”. In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law.

The following verse is in support of the husband’s authority to pronounce unilateral divorce is often cited:

Men are maintainers of women, because Allah has made some of them to excel others and because they spend out of their property (on their maintenance and dower) . When the husband exercises his right to pronounce divorce, technically this is known as talaaq. The most remarkable feature of Muslim law of talaaq is that all the schools of the Sunnis and the Shias recognize it differing only in some details. In Muslim world, so widespread has been the talaaq that even the Imams practiced it . The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaaq; how he does it, when he does it, or in what he does it is not very essential.

In Hannefa v. Pathummal, Khalid, J., termed this as “monstrosity” . Among the Sunnis, talaaq may be express, implied, contingent constructive or even delegated. The Shias recognize only the express and the delegated forms of talaaq.

Conditions for a valid talaaq:

1) Capacity: Every Muslim husband of sound mind, who has attained the age of puberty, is competent to pronounce talaaq. It is not necessary for him to give any reason for his pronouncement. A husband who is minor or of unsound mind cannot pronounce it. Talaaq by a minor or of a person of unsound mind is void and ineffective. However, if a husband is lunatic then talaaq pronounced by him during “lucid interval” is valid. The guardian cannot pronounce talaaq on behalf of a minor husband. When insane husband has no guardian, the Qazi or a judge has the right to dissolve the marriage in the interest of such a husband.

2) Free Consent: Except under Hanafi law, the consent of the husband in pronouncing talaaq must be a free consent. Under Hanafi law, a talaaq, pronounced under compulsion, coercion, undue influence, fraud and voluntary intoxication etc., is valid and dissolves the marriage.

Involuntary intoxication: Talaaq pronounced under forced or involuntary intoxication is void even under the Hanafi law.

Shia law:

Under the Shia law (and also under other schools of Sunnis) a talaaq pronounced under compulsion, coercion, undue influence, fraud, or voluntary intoxication is void and ineffective.

3) Formalities: According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.

According to Shias, talaaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaaq, is void under Shia law. Here talaaq must be pronounced in the presence of two witnesses.

4) Express words: The words of talaaq must clearly indicate the husband’s intention to dissolve the marriage. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage.

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. If she refuses to give 'Khulla' to you you can give her talaq strictly following Sharia taking the required time prescribed in the book.

2. Send the talaqnama through the local quazi.

3. If the said house is in the name of your mother, then ask her to file an eviction suit against her.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You have sufficient reason to give talaq to your wife in the instant case. Take recorse to Talaq e Hasan to divorce your wife.

The whole process of divorce will take 3 months.

You will have to pronounce Talaq for 3 consecutive months and if there's no resumption of sexual relationship for the said Period of 3 months, the divorce in between you and your wife will be become absolute. You will have to return the amount of dower to your wife with the third proclamation of divorce.

Divorce can be pronounced in writing and can be despatched to wife through email/post.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. It was your mistake not to inform the police about leaving of your wife or asking for return.

2. you should have filed a case for RCR as well to safeguard your interest.

3. now it is too late for such protective measures and hence talk to your wife about her desire.

4. if she has reformed herself and is ready to live with you then consider this .

5; otherwise give her alimony and seek mutual talaq to end this marriage.

6. You can also give her Triple Talaq of Talaq E Hasan or Talaq E Ahsan.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

Better file for diovrce on the ground of adultery or follow Ila and Zihar.

If home is in in laws name than they can prohibit her to enter in their home. She has no right in inlaws house.

Throw her out.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

If you have proofs against your wife that she is live in relation with other

guy then it's a good ground for divorce.

Pay mehar during the period.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi

You should initiate talaq as per the sharia law if your marriage is a Muslim marriage through a Nikah ceremony .

Considering the recent Supreme court observation s about the talaq proceedures it is advisable that you follow the sharia procedure and as per the guidelines while pronouncing Talaq.

Thresiamma G. Mathew
Advocate, Mumbai
1631 Answers
212 Consultations

5.0 on 5.0

Please file a counter claim at police station and also approach court for filing divorce on cruelty and adultery.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1) If she was telling you that she wants to marry with her lover and not to continue married life with you.

why you haven't divorce her on that time on adultery ground or why did you have not given police complaint ?

what is exact truth behind these 15-20 persons are coming your mothers home.

If you have all proof what soever act she did of adultery and staying with that person that under special marriage act you can file case against her for divorce on adultery ground.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

.. 1) she is having relationship with other guy..

2) she said she wanted to marry him ..but by force of her father she married u ..

3) she asked arrange a separate home to live.. and u Done the same as she wants..

4) and even after that also she continued talking with that guy. On phone..and she left ur home

5) after 18 months she returns and say that she will complaint in police if u ask her to exit..

Sir immediately go to police station.. and lodge a criminal case against her.. that she has done all this ..

If u have phone call recording... ( Conversations of wife and that guy) and proof of she left home and said she is going to stay with her lover.. and returned after 18 months... Then keep all the proofs/ evidence.. with u and file for contest Divorce.. on the ground of cruelty, Adultery, and desertion..

Yes sir u can file Divorce case against her on the ground of cruelty, Adultery,and desertion.

Ur case is strong enough..here...u r innocent and u will get Divorce on this grounds ... specially on Adultery ground.

All the best.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Hello,

Go ahead and file a complaint against her and her family before hand for criminal intimidation.

Also you may go ahead and take Divorce as per the personal laws.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should file for divorce and next time if they come with 15-20 persons you should file a complaint in nearest police station.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

You can divorce her as per Muslim personal law by pronouncing talak in the form which is accepted by law.

The other means of talaq are still valid and legal. Talaq-E-Bidat is the practice, which gives the man the right to divorce his wife by uttering 'talaq' three times without waiting for her consent on the matter. Supreme court - only the ‘instant’ version of it – the utterance of talaq thrice in one sitting – has been banned.

Therefore you can decide about continuing the marriage or not

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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