Husband can divorce his wife as per Muslim personal law
2) it should be preceded by attempts at reconciliation
3) reasons should be mentioned for divorce
4) pay her Meher amount and maintenance during iddath period
M a muslim. My would be husband married to a lady in 2009. We were in a relationship during that time. I was a hindu during that time. My husbands parents did not agree to our marriage since i belonged to other caste and was not willing to accept islam. His marriage life was going good during initial days. During this year, her wife delivered a baby girl and immediately was blessed with baby boy. After delivering the babies, she has started pressurising the husband to leave the old age parents. My husband are 5 brothers and nobody except my husband has looked after them. My husband is not ready to leave the parents. The 1st lady has been adamant on this request and is torchuring the husband and parents day and night. Everyone was ignoring things considering that everything will be in place, she will realise her mistake, etc. the kids have now grown up and things have now become worst. He is pissed off from this lady and so are his parents. She has threatened them to put all of them behind the bars. Also she is not ready for a divorce. Please advise how do we proceed legally to get rid of this?
My would be husband and me are planning to qet married. She is threatening me that if i marry then she will put me also behind the bars. Please advisr
Husband can divorce his wife as per Muslim personal law
2) it should be preceded by attempts at reconciliation
3) reasons should be mentioned for divorce
4) pay her Meher amount and maintenance during iddath period
In the event wife files false dowry harassment husband should apply for and obtain anticipatory bail from sessions court
you cannot be jailed just because you marry your fiancée
He can very well pronounce talaq if it is beyond tolerance.
Let she pose any threat he should not get scared because at this stage of married life she may not be able to successfully prosecute dowry harassment case.
He can manage any other cases on merits and with support of witnesses in his favor.
You cannot marry him during subsistence of his previous marriage until you convert yourself to Muslim.
It may be termed ad bigamy, an offence under IPC
Respected mam...
Just collect as much evidence against her as you can because such kind of Ladies are out of trust what can ahe do any time... So prior to her doing we have to be in safe mode you must have to collect all such kind of recording such as audio or video if possible for you and that will help you.. When she took any steps against you both.... She can't do anything to you after your marriage so be cool get married wishing you all the best for future...
Thank you
If he is muslim he can give her talaq as per sharia law. You can file police complaint against her first threatening to file false cases against husband. Let her file any case it's nit easy to put anyone behind bars
Hello,
He may file a NC in the court and may then give her divorce as per the personal laws on this ground
You can not be put behind the bars.
if you adopt Islam and then marry then the same becomes valid and he will also not be put behind the bars.
You may call/ get in touch for further advise and consultation.
Regards
if you become muslim, there is nothing wrong with you marrying him in that case, he can marry you without divorce of first wife.
Dear Madam,
1. As per Shariat a Muslim in India can marry four times without divorcing his first, second and third wife.
2. Check the Nikahnama with first wife !
3. But, if the Muslim person is a Govt. Servant then he can't do so means can't marry with another lady if first marriage not divorced.
4. Further, first wife can approach for her maint. rights under Bharat Ratna DV Act as well as S. 125 CrPC against her Muslim husband who marries second time.
BTW, in the path breaking Judgment in Re. Shah Bano case under Muslim clergy's colly. pressure she (Shah Bano) herself by way of a Letter disowned her maint. rights later on which reflects strong bond and strong religious influence of Muslims to their religion over personal Laws which are handywork of few Ld. men !
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats. Few FAQ's are as follows:
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
You marriage will be void till he dose not get divorce. In Muslims, divorce is very easy in the form of Extra judicial divorce. He can process ila/zihar.
And you converted to Muslim still for marriage purpose will govern by birth ethnicity that for valid marriage couple should not have a spouse living during the wedding.
But no criminal case agasint you.
Assuming that we have married, the earlier wife does not want / allow the husband to be with me. She demands the husband to be with her all the time. She is threatening that if husband visits or meets me, she will file a complaint. Can she file a complaint against husband for the same. What should my husband do, in order to avoid any case against him?
No she can not file the complaint against the husband for meeting you.
He should file a NC in the police station that he is being harassed, which will be a good prove.
Also, there is no law or step by means of which we can stop the other party from even filing a false complaint.
Regards
husband can visit you and stay with you on some days as you are his legally wedded wife
2) no need to bow down to her pressure tactics
3) Muslims are allowed second wife
it's all depend on your husband to visit second wife.
your husband should file an NC application before local police station regarding this issue.
Complain of bigamy possible agasint husband if he marries non Muslim. But when the marriage itself will be void, there`s no bigamy.
She can file only domestic violence case, can`t be do anything agasint that.
What complaint she can file. There is no legal way he can stop. She can only claim adultery but it is not a criminal offence now
Assuming that you have married him during the subsistence of his earlier marriage, then you and your husband can be convicted for the offence of bigamy under section 494 IPC and the punishment may extend up to 7 years imprisonment.
Hence either you remain unmarried and live together or ask him first divorce her and then marry you.
Dear
The parents of your would be husband can file an eviction suit against their son and daughter in-laws just to get themselve safe from her false cases.
After the separation your husband can give divorce to her according to muslim law.
After that he can marry you and you both can live together with his parents