Dear Sir/Madam I am a Muslim and married a Muslim girl in December 2017. She lived with me only for 7 days and left by saying that I am impotent without any basis. During the seven days, she intentionally avoided consummating the marriage by saying that she was having menses. We are living far from each other and haven't seen each other until now. After 4 months, over the phone, she told that she is pregnant and I am the biological father of the child. she also has given false police complaints in many places. Her pregnancy is confirmed. After the childbirth, they are not disclosing any details of the child until now. From the enquiry at the hospital, we got to know that the baby born in 270 days from the marriage date. It seems to be a preplanned marriage to continue her illicit relationship with someone. They have also extracted lots of money from us before the marriage. Their family is also threatening in many ways. I have all the call recordings and report. 1. Can I go for annulment of marriage because she was pregnant during the marriage? The family also cheated us for money. 2. If an annulment is not allowed in Muslim marriage law. Can I file any other way to void this cheating marriage? 3. Can I file any cases on their family due for their cheating? She has given false police complaints but due to strong pieces of evidence from my side, the police were not ready to file FIR.
1. Sir under Muslim personal laws as there is no way for man to go in court for divorce.or nullity she this.will be a good ground of giving her divorce.and filing same before the court for declaration so meet a Qazi give her divorce.notice and divorce her on the grounds of adultery and desertion.
2. Breah of trust and intimidation case can be filed if money is involved then cheating but in your case it would be best.to divorce her and start life afresh.
Hi, it is advisable to file divorce on the grounds of adultery ...
You can divorce your wife as per Muslim personal law
2) divorce should be preceded by attempts at reconciliation
3) you should issue 3 consecutively monthly notices
4) reasons should be mentioned for divorce
5) pay her Meher amount and maintenance during iddath period
6) you can also file case against wife for cheating under section 420 of IPC
Physical, mental, or emotional abuse or torture. When one of the spouses becomes abusive and inflicts physical, mental, or emotional torture, and is not willing to change by taking practical measures through therapy or counseling, then it is a valid reason for seeking divorce.
If the marriage took place during iddat period then only annulment can be done.
Otherwise you have to opt for talaq only. And cheating case can be filed against girl and her family.
Dear Querist
My opinion on your queries are as under:-
1.. Can I go for annulment of marriage because she was pregnant during the marriage? The family also cheated us for money.
Opinion:- there is no procedure/law in India law related to Muslim husband,regarding the annulment of marriage, you may pronounce divorce her as per islamic law.
2. If an annulment is not allowed in Muslim marriage law. Can I file any other way to void this cheating marriage?
Opinion:- As above, apart from the above noted divorce you may also file a cheating case against them before the magistrate court or before the police.
3. Can I file any cases on their family due for their cheating?
opinion:- as ABOVE
She has given false police complaints but due to strong pieces of evidence from my side, the police were not ready to file FIR.
Opinion:- it will be better to take action against her immediately otherwise once her complaint has been registered then your complaint will have be weak than her and can be consider as counterblast.
Feel Free to Call
You have to file FIR against your wife in the police station under section [deleted] and 509 IPC and also claim that the child born is not yours and you are not biological father as your marriage has not been completed.
Let the police do the investigation and in case there is a problem then you can move your petition to the family court on the same Grounds and pray for the DNA test of the child to prove that adultery of your wife.
Why the order of the court the DNA test will be conducted and the situation will be clear in your favour
1. It is possible to give borth to a child after 9 months of having physical relationship. So, you shall have to establish that the child delivered by her does not belong to you. You cxan seek DNA test for the child t prove your point.
2. You can give her talaq as per sharia strictly following islamic law.
3. You can file a cheating case against her before giving tal;aq to her if you get the evidence that the DNA of her child is different from that of yours.
There is no provision to annul the marriage solemnised under Muslim personal law.
You can dissolve the marriage by the permitted form of talaq.
You cannot take any action against her family members for the cheating done by her
Let she contest and challenge your talaq in the court where you can prove that it is not your biological child through DNA test.
Dear Sir. Thanks for all your suggestions. I read that the marriage can be annulled 1.If the marriage was made for with the intention of divorce or for other than the valid purpose of marriage. 2. if the marriage was forced marriage. Let's consider the incident, after getting mahar and huge amount of money, the next few days she threw me out of her home. She told to everyone that I am important and cant continues her marriage life with me. She separated within 7 days of marriage. She also didn't allow to consummate the marriage by saying that she was in her menses period (6days) during that 7days. I have evidence for all. I also have all her conversation saying that she doesn't want to live with me even for a single day. She is not ready to come for the DNA test. She was giving false complaint of 498 when I ask for DNA test. But still now no FIR filled in my name due to all the supporting evidence from my side. 1. Is it not evident that she married only to get money and jewelry from us? Within a week she was asking me to give talaq. Doesn't directly conclude that she agreed for marriage only for a temporary period? doesn't looks the marriage was made with intention of divorce and other than the valid purpose? 2. She recently delivered a baby and totally hiding all the information about the child to everyone. Her relative told that she was having affair with a married man before our marriage. Is it not evident that she wants to live with the person but she married me forcefully due to her parents wish with the intention of getting money? All these cant happen just in a single day. It was preplanned just for getting benefit from the marriage. With this ground why I can't file the annulment? If not possible, can I challenge this cheating marriage using S34The Specific Relief Act, 1963. This seems to be Legally cheating a person. If it was done by me at this time I will be in jail. Don't you think this violates the constitution with other marriage Act like HMA?
You can file case of cheating against wife under section 420 of IPC
2) wife guilty of adultery is not entitled to maintenance
3) divorce your wife as per Muslim personal law
1. See has been living separate and had no physical relationship with you meaning there to she was in adultery and further she was cruel on this ground divorce can be give.
2. Sir give a divorce as per Muslim personal law. Meet local lawyer and qazi and file declartion of same.
You can file a declaration suit to declare the marriage as null and void for the reasons you rely upon.
there is no provision for filing annulment petition
1. You are arriving at the conclusion that she married you for money from her acts but you shall have to submit hard evidence before the Acourt to prove yournpoint since she has very cleverly placed reason for not staying with you i.e. impotence.
2. Your allegation appears to be true but the Court will seek evidence in support of your said allegation.
3. You can give her talaq and start your life afresh.