• Prevention against false domestic violence and dowry case

My Name is Rehan Ahmad, live in Gurgaon, i have been married from last 4.7 years.Major Problem started 1 years post marriage were my Wife unnecessarily start arguments and end up getting very aggressive,use abusive languages and acts abnormally.. In last 4 years this has happened on regular intervals of couple of months.. I informed my spouse family and 4 times in last 4 years they taken my spouse to their place for treatment and never i was informed that what treatment was see getting. Recently 8 month back i discovered that see is on psychiatric treatment for Bipolar Disorder, Mania & Schizophrenia.. I tried getting her best possible treatment took her to 2 doctors in Gurgaon.. 
In Feb 2019 we traveled to my home town for my sisters marriage and there again she got an Bipolar attack infront of all faily members and guest she started fighting, abusive and all abnormal acts and this continued for 6 days 24*7 were even she tried to harm me and our 3.5 year daughter.. She was very very aggressive and uncontrollable. I called her father and brother on 15th Feb 19 who took her to their place and i took custody of my daughter as she was not safe with her mother ..At her parents place even she created lot of issues and indulged in aggressive behavior and fights with her own family members. .Now when i informed her family that i am not going to continue this marriage, they are pressuring me and giving all possible threats, also they are seeking child custody but i will not risk my child's life and future..
I have all the prescriptions and treatment details , few audio and video recording of her abnormal acts.
So seeking legal help 
1. In case of any false allegation of 498A.
2. Seeking Divorce under Muslim Marriage act.
3. Custody of Child on ground of Unfit mother.
4. Case against my in laws for marrying her mentally unfit daughter and hiding the problems and also for recent threats .
Thank you.
Asked 6 years ago in Family Law
Religion: Muslim

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14 Answers

you can divorce your wife under provisions of muslim personal law 

 

2) issue her arbitration/ reconciliation  notice fixing date and time for reconciliation 

 

3) if reconciliation fails issue wife 3 consecutive monthly divorce notices 

 

4) reasons should be mentioned for divorce 

 

5) pay her meher amount and maintenance during iddath 

 

6) in case false dowry harassment case is file d apply for and obtain AB from sessions court 

 

7) custody of daughter is generally given to mother till her puberty as per Muslim personal law 

 

8) if wife is unfit you can get child custody 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

when FIR is filed against you police would issue you notice to record your statement under section 41 A of cr pc 

 

3) obtain copy of FIR and file for AB in sessions court 

 

3) there is no automatic arrest in dowry harassment cases 

 

4)contact a local lawyer for issue of consecutive monthly divorce notices . reasons should be mentioned for divorce 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Dear Client,

Such false cases won`t bear any fruit, you have sufficient evidence/reason to desert her. 

You have have options  - ila, and zihar, (Extra judicial divorce), under Divorce under Muslim Marriage act, only women can file diovrce. 

The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. Wife unpredictable behavior and harmful behavior, may only ground to deny her custody.

No case agasint in laws. They will lie that you were informed about her mental incapacity.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. You can easily get bail on the basis of the prescriptions of your wife and letter can try your luck in quashing.

2. You can give triple talaq in presence of registered quazi and 2 witnesses by pronouncement of talaq on three different occasions.

3. Yes, you can file suit for custody of child.

4. File a  suit for damages for cheating against you. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. Quashing petition can be preferred before the high court if any false complaint is filed  and FIR is registered and also you need to obtain Anticipatory bail.

2. See for muslim man there is no provision under any law to seek divorce through court you need to follow the personal law and based on same then declaration of that divorce can be sought from court.

3. Yes you can contest the custody of child if.they file at present the custody is with you so.you donot need to file for it.

4. Case of intimidation can be registered against them in police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Send three notice through lawyer , engage a lawyer expert in muslim law.

Anticipatory bail on complaint and FIR has tk be field before sessions court to take bail.

You can continue keeping child in your custody in case your wife goes for a custody case this would be strong ground to contest her custody petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. In case of any false allegation of 498A.
Ans: Get anticipatory bail in higher courts, and also file petition for quash of 498A under secion of 482 Cr.P.C in High Court.

2. Seeking Divorce under Muslim Marriage act.
Ans:

Under Muslim Marriage Act, 1939 the legislature has made provisions for the divorce on the application of wife or husband. There are several 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.

3. Custody of Child on ground of Unfit mother.
Ans: The definition of an unfit parent is governed by state laws, which vary by state. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent. Failure to visit, provide support, or incarceration are other examples of grounds for being found unfit.

4. Case against my in laws for marrying her mentally unfit daughter and hiding the problems and also for recent threats .

Ans: file a cheating and fraud case against your in laws.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Sir,

 

- Provided she is medically unfit shall help you to pursue with custody of your daughter. However court shall have its own medical examination to take the decision.

- Mentally illness which seems to be un-curable can be the ground of Divorce.

(The law for Muslims suggests that a person of unsound mind cannot contract a marriage and such a marriage if contracted is void. However, if the guardian of the person of unsound mind considers such marriage to be in his interest and in the interest of society and is willing to take up all the monetary obligations of the marriage, then such a marriage can be performed and may be considered valid. Details shared as per "Dissolution of Muslim Marriages Act (1939) and Muslim Personal Law")

- Do feel free to connect for any further assistance or pursue the case further at Gurgaon court if needed.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

You can divorce your wife through talaq e ahsan procedure. 

The custody of a Muslim child is with the mother until he/she has attained the age of 7 years for a boy and until she has attained the age of majority or puberty in case of a girl.

A person shall not be given the custody of a Muslim child if that person is not of a sound mind

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No need to worry on this front. Even if she manages to launch a false and fabricated 498a case against you, nothing to worry because there is no mechanical and routine arrest in 498a cases anymore. You will have an opportunity to assail this case, if any, before a Higher Court to get it quashed.

2. Take recourse to Talaq-e-Hasan. The whole process of divorce will take 3 months. You will have to pronounce Talaq for 3 consecutive months(in three different proclamations of divorce) and if there's no resumption of sexual relationship for the said Period of 3 months, the divorce will 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 to email/post.

3. Prefer a petition seeking custody in terms of the provisions contained in Guardians and Wards Act. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi,

It is suggested that you file informatory applications to the police and administrative authorities regarding all the issues and threats extended by her or her family members/father for filing false cases. You make prayer specially to inform that in case of any complaint on their part you be given adequate opportunity to put your points and then only action be taken. Regarding divorce as per your personal law and custody of child, you are suggested to file the appropriate application to the Family court of your area. You need to mention all the facts and circumstances of the case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You file for ABA and custody Petition. you need to file it before sessions court or HC 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

If they lodge a criminal complaint under 498a,then first obtain AB and then challenge their false case on the basis of the documentary evidences supporting your defence.  The same thing applies to DV case also, you can challenge the same on the basis of her mental illness.

On the basis of her medical records and other relevant factors you may file a child custody case also which would be a favorable situation to you.

However you may not be able to file any case agaisnt her parents for cheating you etc at this stage.

 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

  1. As per the information mentioned in the present query, makes it clear that it is not that you wish to get rid of the marriage intentionally, but it is the situation that forcing you to go for this step.
  2. As you can very well take the ground of concealment of her medical condition, but at the same time, you may have to collect some sort of proofs to show that she has been going through this problem since before your marriage.
  3. And intimately, the child custody is to be decided as per the most good mad healthy growing condition for the child.
  4. And for now you seem to be the one who is best to take good care of your child.
  5. There is no hard core presumption (as there is no specific law) to give the custody of the child to mother.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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