Dear Sir,

You may get file a Civil suit declaring the said marriage as not binding on you or null and void for various reasons.  It is a Civil Right and cause of action arise in India as such you have to file a civil suit in India.  Since you are Muslim husband there is no provision for you to seek divorce under Muslim law.

Triple talaq has been banned by the govt and hence the only way out is a talaq by the qazi or a deferred talaq which is pronounced in 3 months. You have to come to India and before coming back set the terms Nd talk to your in laws about it. You will have to pay for the children's maintenance.

Regards 

1) You, can go for Mutual Consent Divorce as per Special Marriage Act and that too will be valid in Indian court. Get set everyone cost of living price per month for each member.

2) Pay lump sum amount at a one time check first what are their demands. As per Maintenance cost your son is not entitled for alimony, only your daughter will be entitle till she gets married in future.

3) For tis get MOU signed from Counselor or Maulana on the paper she Muslim act be involved and Special Marriage Act also will be involved.

4) After paying money to them then they can't go anywhere.

Dear Sr,

- You can not give divorce remotely from abroad. You will have to visit India and no excuse shall be acceptable by Court on this

- Muslim  marriage Act, 1939 below are grounds in which judicial divorce can be pronounced. Grounds on which a female can claim divorce under this act are:

1. Whereabouts of husband are not known,
2. Failure to maintain for a period of two years.
3. When husband sentenced to imprisonment.
4. Failure to perform marital obligations.
5. Impotency
6. Insanity, leprosy or virulent venereal diseases.
7. Repudiation of marriage.
8. Cruelty.
9. False accusation of adultery.
10. Conversion of spouse to another religion.

- You can opt for Extra judicial divorce as it can be with the will of husband or wife or when it is by mutual agreement.

- Reference to maintenance, recent judgement given in "Adnan Chara vs Farhat Adnan, Bench: Dr. Shalini Phansalkar-Joshi" you shall be responsible to pay the maintenance. 

- Maintenance amount depends on various factor keeping your income in consideration.

Regards

Vivek Arya

1) you  can divorce your first wife as per provisions of Muslim personal law 

2) divorce should be preceded by attempts at reconciliation 

3) issue wife 3 consecutive monthly divorce notices 

4) reasons should be mentioned for divorce 

5) pay her maintenance during iddath period 

6) also pay her meher amount 

maintenance depends upon your income , wife income , standard of living etc 

Really money is decided by the court based on the social and economic status of the persons and at the same time you will have the responsibility of your daughter till the marriage as your son is 18 years of age and is adult now you may not be forced to pay any maintenance for him

The amount stated in the nikahnama has to be given to her in case of talaq. Apart from that you dont have any obligation towards her. But in case she files a maintenance allowance application in the court then you have to give her the amount as prescribed by the court.

Regards 

Hello, 

1) As you are governed by Shariah law you do not have an option to file for divorce in a court of law. You can give talaq to your wife. You have to send her a talaqnama prepared by a Maulavi. 

2)  You are not going to be humiliated or extorted of you approach the masjid provided you offer the amount you can pay in maintenance to your first wife and the children born out of the said marriage. You are liable to make arrangements for them. 

3)  The maintenance depends on your income and the standard of living she has while she is still your wife. 

See in muslim there is no law through which you can divorce through court the personal laws prevail so you need to divorce her as per muslim personal law. Can send her divorce notice through qazi and then can file declaration of same in court.

Further you need to maintain the minor daughter and wife.

It depends upon income it is not fixed. If wife is not earning then yes.

Procedure through Shariah law...

A husband should (a) divorce only once and (b) only during the time when his wife is not on her menses and (c) there has been no sexual contact with her since the time of her last menses.

After a divorce is pronounced by a husband, his wife must wait for a given period (‘iddat’). During this period, the wife is allowed to stay in the same house, but they can not have sexual relation amongst them.The man is allowed to take her back either verbally saying “I TAKE YOU BACK“, or physically, by having intimate relation with her. if, after this waiting period, the husband fails to take his wife back, then the wife is completely divorced, and must leave the matrimonial home immediately.

It is also recommended to have two witnesses present in the case, where the husband decides to take back (‘ruju’) his wife, before the end of the iddat.

Where a man has pronounced three divorces, on three different occasions, he can neither take back his former wife, nor remarry her.

The Council issues a divorce certificate on the basis of “talaq nama”, signed by the applicant in the presence of two witnesses. The husband is required to pay the dower amount in full to the woman.

You have 2 options to take divorce 1) By Islamic body 2) By Court. 

Dear Sir,

The amount of maintenance fixed by the court depends upon the monthly income of the husband, an income of the wife, his financial status and keeping other things in mind. ... There are certain maintenance rights governed by various religious personal laws in India under divorce.

Muslim woman can claim maintenance either through Muslim law or through the CrPC. The two laws are very different and are dependent on different conditions.

• Muslim Law: For Muslims, the main law on maintenance is The Muslim Women (Protection of Rights on Divorce) Act, 1986(MWPRD Act). This law provides maintenance for women and children ONLY after a divorce. The duty to provide maintenance for her future is on the husband and must be made during the iddatperiod, explained below.

After this period, if the woman is unable to maintain herself, then a Judge may even ask her family members to pay maintenance.

• CrPC: A Muslim wife may ask for maintenance through section 125 of the CrPC at any time. The period of giving maintenance is not just during the iddatperiod but until the judge thinks appropriate.

It depends on your income, her income, the standard of living you gave during your marriage

you can pronounce talk e ahsan

the talak has to be pronounced and communicated to the wife when she is in a pure state [i.e. in tuhr]

thereafter the husband has to refrain from any physical relation with the wife till she menstruates

if within above period the wife is not taken back or no sexual relation takes place, then the divorce becomes irrevocable 

the husband is liable to maintain her divorced wife till the iddat period [which lasts for 3 monthly periods]

upon divorce the husband can pay her the deferred dower or mahr amount and also the maintenance till iddat period

there is no other liability apart from above on the husband 

There is no mathematical formula to calculate the same.

the same usually depends on the claim of the wife and also on the income of the husband 

Regards 

You may go ahead and take divorce as per the personal laws 

1. You can give her talaq following Sharia and finally sending Talaqnama from abroad which will be considered as valid by the Court of law.

2. You shall have to pay her the den Mhr only since the Supreme Court order in Shahbanu case to pay maintenance has been countered by promulgating fresh law in this context. 

 If you go strictly as per Sharia, you shall have to pay the den Mehr only and no regular amount towards maintenance as explained in my earlier post.

You can dissolve your marriage with your first wife by pronouncing talaq.

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.

You can communicate your decision to dissolve your marriage with her by any of the above method in writing and the same duly witnessed.

Let she object or protest, she cannot challenge the same in court of law, however you may have to pay maintenance for her and the children if she is filing a case under section 125 cr.p.c.

. 

As far as the maintenance is concerned it will become her duty to prove your income with substantial evidences to match her claim , if not the court may decide on the basis of your declaration.

There is no yardstick to measure the quantum of maintenance

Monthly maintenance is calculated on your Monthly income and court may grant from 25 to 35% of your net income.