• Divorce or second marriage

Hi i am a muslim men, Married since 3 years.
1. My wife dont want me to stay with my family,is it legal or illegal to force a husband to leave his parents and stay with wife alone.
2. She has mental issue,never speak normally either on phone or when staying together? Always argued which leads to fight.
3. During argument always threatens to suicide and has a history of suicidal attempt just 15 days before marriage. 
4. What is the legal way to get rid of suicide threats?
5. She is staying away from me and went without my consent to her fathers home. What shall i do if i want her to warn her against her ill treatments to me legally? 
6. I dont want to continue this marriage considering her very cruel mentality on daily second to second basis, please advise.
Asked 4 years ago in Family Law
Religion: Muslim

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17 Answers

Wife cannot force husband to stay separate from parents

2) you can divorce your wife as per Muslim personal law

3)divorce should be preceded by attempts at reconciliation

4) reasons should be mentioned for divorce

5) issue 3 consecutive monthly divorce notices

6) return her Meher amount and pay maintenance during isdath period

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. No it is not legal, and can be a reason for the divorce.

2. You please intimate the police about the same by filing NC with rgeards to the threats being passed by her, so in case if she attempts suicide then you have a valid defense.

3. You may send her a legal notice through an advocate.

4. You may go ahead and give her divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As per Shariat a Muslim in India can marry four times without divorcing his first, second and third wife.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi,

You may first send a legal notice and then you may file a case for divorce under grounds of cruelty.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) One has full rights to stay with parents and wife can't force husband to live separately from them.

2) Get done counseling of her and then take further decision in your family life accordingly.

3) Regarding her suicide attempt every time by some silly reasons one may keep inform in nearest police station NC regarding this wife's attempt to suicide along with brief reasons pre and post marriage.

4) See point 3

5) See point 2

6) see point 2

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can file for divorce on the ground of cruelty. The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant the divorce and repeated threats to commit suicide amounts to cruelty.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1. There is no such thing as legal illegal in staying away from parents. Though it amount to cruelty if wife separated you from.parents.

2. File a criminal complaint against her for attention of suicide and intimidation.

3. Send her a notice that she should restitute the relationship of you have to give her divorce.

4. In india there is no way for muslim man to file divorce in a indian courts so you have take her divorce according to muslim law. Meet local lawyer and issue her notice first and then if she does not restitute give her a divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Wife asking for divorce is reason to divorce her

2) rely upon bank transfer to prove you are taking care of child

3) send letter to police station regarding wife constant threats to commit suicide

4) obtain Anticipatory bail from sessions court in case wife files false cases of dowry harassment

5) wife should stay in her in laws place after marriage she can visit her parents occasionally

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Insisting husband for leaving his old parents is not legal in any way.

2. Similarly giving threat of committing suicide by the wife is also considered as an act of cruelty by her for which decree of divorce can be sought.

3. you should lodge a police complaint against her giving threat to commit suicide leaving a suicide note blaming you for her death and also reporting that she has already left your house of her own wish against your consent on such and such daate.

4.You can give her Talaq as per Sharia strictly following all the steps required to give talaq to wife as per Sharia.

5. The talaqnama to be sent to her should be endorded by the local Qwazi.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Oral evidence in form of witness can be submitted to support your claim.

2. Yes.

3. Sir since money sent from union you can have some proof further if no.proof there is no court order directing to do so. So don't worry about this.

4. Yes give the proof of her threats and file a.police complaint against her.

5. Sir in case she files case onus is on her to prove same. Further you can give evidence in support of same.

6.see she cannot be forced to be at your home I. Your absence so better to leave this issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you do not have any prove in writing or recording then your statement will also be sufficient to support the same.

2. Yes it can be, also you can take triple talak as per the personal laws.

3. No prove is required, just a letter can be given to the police for lodging the NC

4. The NC will be of good help, further the investigation will be made in furtherance to the complaint.

5. This is just a reason for divorce and no punishment can be given for her for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. My wife dont want me to stay with my family,is it legal or illegal to force a husband to leave his parents and stay with wife alone.

2.

Ans: The Supreme Court says it is ground for divorce for husband.

3. She has mental issue,never speak normally either on phone or when staying together? Always argued which leads to fight.

Ans: Either adjust or get divorce or take her to marriage counseling.

4. During argument always threatens to suicide and has a history of suicidal attempt just 15 days before marriage.

Ans: File a complaint before police and let it be on record so that no issue is made if she really commits suicide.

5. What is the legal way to get rid of suicide threats?

Ans: File a complaint before police and let it be on record so that no issue is made if she really commits suicide.

6. She is staying away from me and went without my consent to her fathers home. What shall i do if i want her to warn her against her ill treatments to me legally?

Ans: Issue a legal notice for Restitution of Conjugal Rights as a bonafide effort.

7. I dont want to continue this marriage considering her very cruel mentality on daily second to second basis, please advise.

Ans: Then get marry another woman without divorce as Muslim law provides it provided you maintain her.

1. Do i need to show any proof that she wants me to stay away from parents? She fights fights and fights and her relatives comes and suggest me that because u r living in ur home of parents u should stay separately. I dont have any written proof,they ask me verbally after fight and ( be informed that during whole marriage period i was in qatar and she was in her fathers home, always fights over phone and when i came back for vacations she joins me hardly she stays 180 days with me that too going to parents home twice a week).

Ans: Oral evidence of yourself and relatives is sufficient.

2. Is she asking me to give divorce atleast once a month over whatsapp over last two years can be a reason to divorce her?

Ans: It is a good evidence, make use of the same.

3. I have a kid as well. I send her money over last two years by western union on regular basis on an avg 8000 per month, no receipt with me now and she claims again that i dont give any money for kids milk as well to make drama.

Ans: Get proper payment vouchers from the said bank if possible.

4. How to file a NC for suicide threats? Do i need to give them proof of msgs on my whatsapp i have that she is always saying i will end my life.

Ans: Criminal law know no documentary evidence. Oral statements before police are sufficient.

5. If incase she files fake cases against me and my parents for harassing her (even though i can prove that she stays in her parents home and i stay in qatar, we meet only on vacation time) what shall i do to defend myself.

Ans: Just apply for anticipatory bail. Just get issue a legal notice as a protection for future.

6. During my abscene she dont want to stay in my home for even an day, she always stay in her parents home and goves reason that when u are not in your home what shall i do there? Is this is her legal right? Or i can warn her legally about it?

Ans: Please see following judgments.

==========================================================

India grants divorce to man whose wife refused to live with in-laws

India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.

Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.

“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.

There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.

Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.

“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”

Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.

Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”

The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.

==========================================================================

In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.

Muslims can legally have more than 1 wife provided that each such marriage is done according to Sharia, which is also known as Muslim Personal Law. Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage.

Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.

You go to the police station and convince them or take sufficient time to be present before them. Nothing wrong you have done.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

For giving information regarding suicide threats, you may simply write to your local police authorities. Regarding other allegations, evidence of your family members will serve the purpose. Some records of sending money may be obtained from Western Union and from the concerned service point from where you sent money.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Wife cannot force her husband to leave his parents and take up a separate accommodation.

2. You can give her triple talaq in accordance with Shariah.

3. Send a complaint to the jurisdictional police station against your wife for the suicide threats made by her. Get the complaint drafted by a lawyer.

4. If and when criminal cases are registered against you then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

Dear Sir,

Firstly you go and lodge a complaint against her in nearest police station, take a NC copy from police station call her parents in the police station and some how you manage that she herself go to her parents place and then you approach the family court accordingly. Constant threats to commit suicide, abusing your parents, defaming you and maligning your reputation amount to mental cruelty. You should try and record all wife threats as an evidence in court.

As far as law threatening to commit suicide is also amounts to cruelty to husband so based on this ground only you can file a petition for divorce on the ground of mental cruelty

What to Do When Your Wife Or Girlfriend Threatens to Commit Suicide

Did your wife or girlfriend ever threaten to commit suicide? What to do in situations where a man is threatened by his wife or girlfriend or live-in partner of committing suicide?

Legal Recourses To Threats by Wife or Girlfriend of Committing Suicide

Before starting anything legal, first recourse should be a peaceful talk and by working on the problem mutually. If the solution is not found by this recourse, do follow the recourses given below.

Criminal Intimidation

When one threatens another with an injury to reputation, with the intent to cause alarm to that person and forces him to do what he is legally not bound to do, this is called criminal intimidation.

It is a threat to harm reputation, property or the person himself and cause of action of these threats are often unlawful.

• When a girlfriend or wife threatens to commit suicide, in such cases, a case of Criminal Intimidation can be filed.

• In the case of marriages, a false threat to file divorce cases or 498A comes from either the wife or from her family members while wife often threatens her in-laws of committing suicide. This amounts to criminal intimidation.

What To Do With Such Threats

• If your partner leaves a suicide note, you could be booked by the police under section 306 IPC for abetting her to commit suicide.

On the other hand, if she does not leave any note but her family and friends in their statement give your name as the cause of your partner’s suicide then also you will be in trouble.

• According to various case examinations, all girls who threaten their husband or boyfriend of suicide never commit it. It is advised to visit, police station and speak to the station officer or inspector about it.

• Inform local SHO of the police station and inform him through an application stating that this girl is having suicidal tendencies and you should not be held responsible in case such a thing happens. Inform the same to her parents and also to make her attend counseling.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. My wife dont want me to stay with my family,is it legal or illegal to force a husband to leave his parents and stay with wife alone.

There is no question of legal or illegality in this, however she cannot force the husband to leave his parents and stay alone with her, she cannot claim it as a right.

2. She has mental issue,never speak normally either on phone or when staying together? Always argued which leads to fight.

You can bear it or take legal action for divorce if it is unbearable.

3. During argument always threatens to suicide and has a history of suicidal attempt just 15 days before marriage.

You can add this in your pleadings for divorce

4. What is the legal way to get rid of suicide threats?

No way, because she cannot be controlled, you can lodge a complaint with the police about this.

5. She is staying away from me and went without my consent to her fathers home. What shall i do if i want her to warn her against her ill treatments to me legally?

You can issue a legal notice.

6. I dont want to continue this marriage considering her very cruel mentality on daily second to second basis, please advise.

Then you can steps to dissolve the marriage as per Shariat law.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1. No evidence is required and you may not be able to produce any evidence hence ignore it and can make oral or written statement if necessary.

2. If you do not want to continue the marriage you can accede to her request.

3. The transfer records can be secured for defending your interests.

4. Go to the police station, take white paper, write down the complaint, if need be you can even produce them the whatsapp messages.

5. If she files false cases against you and your parents, you all may obtain anticipatory bail and then challenge her false case in the trial proceedings.

6. There is no legal right in this, however there is no legal infirmity if she refuses to stay in your home during your absence

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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