• I want divorce from my wife she is not agree and her family also not agree

I am muslim and my marriage at 01.01.2017 and after 1 year and 10 months.When she goes her mother home I had set a tracker application in her mobile phone and i have got audio recording of my wife talked to her boyfreind online when she was at her mother home. So I told her 'Talaq" one time verbally. Now she was at her mother home but she is not ready for mutual consent divorce and they not accept verbal talaq. She also gave me mental harassment during this marriage period and she goes to her mother home three time in marriage period and spent 12 months at her mother home. we have no child.

Please let me know what should i do. how can i got divorce from her and I can marry with another woman. If i marry with another woman what she can do?
Asked 7 years ago in Family Law
Religion: Muslim

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20 Answers

You can divorce your wife as per Muslim personal law 

 

2) divorce should be preceded by attempts at reconciliation 

 

3) sebd your wife 3 monthly consecutive divorce notices 

 

4) reasons should be mentioned for  divorce 

 

5) pay her maher amount and maintenance during iddath period 

 

6) you are at liberty to remarry 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

She cannot hold you to marry another women except if barred in Nikahnama. Triple Talaq is no more valid, better go with ila or Zihar. She accepts or not dose not make difference.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See firstly for talaq you can give her a notice for talaq that she is in contact with other man and she is in adulterous  relationship and had done cruelty upon you therefore you are giving her talaq.

Further for talaq meet experienced Muslim lawyer and qazi for finalising it return the amount of mehr and wait for the iddat period.

Further you can remarry see as per Muslim law she cannot file 497 agaisnt you only can seek talaq.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Ofcourse as per Shariah law you can perform 2second marriage without taking divorce from the first wife and it is valid. 

Go with talaak e ehsaan.. In talaq e ehsan, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In Muslims, polygamy is valid until not restrict in conditions of Nikhanama.  Follow ila or Zihar and get it certified at mazzid. Valid. Inform her through notice or audio/video recording about commencement of  ila or Zihar. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

audio recordings are admissible in evidence 

 

2) you can remarry during subsistence of your earlier marriage as per muslim personal law 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See audio recording is valid evidence and can be taken up by the court though validity of same can be checked and it can be examined 

Yes you can remarry without divorce but kindly keep in mind you should not be a state or centre government employee.

And further it would be better if divorce is taken then you do second marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should divorce her immediately as per the Muslim law. Triple talaq us illegal and therefore other forms of talaq R still legal and hence act accordingly. Unfaithfulness is a strong ground for divorce in Muslim law. The other wife cannot do anything as you will either marry her before divorcing your 1st wife or without divorcing her. 2nd marriage is allowed in Muslim law.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Your case is very simple.  Islamic law recognizes second marriage.  Just marry and be silent.  If your first wife goes to the court you can produce evidence regarding her relationship with other boy thus avoid payment of maintenance.  At the most you are suppose to pay maintenance as follows:

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. 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You have to file a divorce petition in the court now as the things are changed and in case you go for another marriage before taking the divorce it will be a problem for you so it is better to take divorce before you go for any more action file a divorce petition if your wife is away from your home for more than 6 month and if your marriage is more than 1 year old

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) No, you have to apply for propee divorce with her in the court. And provide all issue which ever you have narrated above same explain in the court.

 

2) Without taking proper divorce one shouldn't get remarry with another woman.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You shall have to give her talaq strictly as per Sharia and thereafter issue the talaqnama duly endorsed by your local quazi.

 

2. You can marry another woman as per islamic Law but you are advised against such remarriage without getting the talaqnama issued by your local Quazi as advise above.

 

3. She can lodge 498A complaint against you in addition to filing DV case.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. As per Islamic Law you can marry four time following Sharia.

 

2. However, you are advised to remarry after getting the talaqnama issued against your present wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can divorce her through Sharia Act or through talaq Nama only

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time.

The iddah of a woman divorced by her husband is three monthly periods,unless she is pregnant in which case the ‘iddah lasts until she gives birth, or unless the marriage was not consummated in which case there is no `iddah, or unless she does not menstruate, in which case "the scholars say that she should observe an ‘iddah of a full year, nine months for pregnancy and three months for ‘iddah.

The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period (‘iddah) which lasts three full menstrual cycles. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period. The divorce becomes final when the waiting period expires. This is called a "minor" divorce (al-baynuna al-sughra) and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a "major" divorce (al-baynuna al-kubra), after which the couple cannot remarry without an intervening consummated marriage to another man. This is known as tahlil or nikah halala. Making the third pronouncement irrevocable prevents the husband from using repeated declarations and revocations of divorce as a means of pressuring his wife into making financial concessions in order to "purchase her freedom". It also acts as a deterrent to rash repudiations.

Therefore you can send your decision of talaq in writing to her with one or two witnesses by registered post and can follow the above procedures for making it final by which your marriage will get dissolved automatically after the completion of the iddah period.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As per Muslim Personal law, a muslim male can marry another woman during the subsistence of a marriage and wife living, it cannot be objected nor the bigamy laws will be attracted until the male is a government employee.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You may take divorce as per the applicable personal laws.

If marrying another women is allowed then she can not do anything 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Kindly check the personal laws applicable to you. If second marriage is allowed during the subsistence of first marriage then you may do the same. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can remarry only once you are legally divorced from your wife. 

The fact that your wife is involved with others, gives you sufficient cause to give divorce to your wife. 

You need to take recourse to talaq-e-hasan, which involves 3 pronouncements of divorce over a course of 3 months. This is a perfectly valid form of divorce. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. You are free to divorce her according to Shariah. Supreme Court has declared instant triple talaq as illegal, not triple talaq in accordance with Shariah.

2. You are free to remarry even without divorcing your wife.

3. Audio recording can be led in evidence only in accordance with provisions of Information Technology Act, 2000.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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