Record all her threats of false allegations, suicide, blackmail etc. And procure as much evidence you can of many occasions.

Valid evidence to grant you divorce relying on that.

You need to file contested divorce in this scenario. No other option

Dear Sir,

It is a clear case of cheating as she did not disclose her first marriage. Marriage is a sanctity between two souls and not disclosing earlier marriage is a great offence. Further under Muslim Committee, a Muslim husband can marry more than 1 wife but wife cannot take another husband during the subsistence of 1st marriage. You can get divorce easily and also can file PCR for the offence of cheating against your wife and her parents and brother.

you can divorce your wife as per muslim personal law 

2) divorce should be preceded by attempts at reconciliation 

3) you can issue 3 monthly consecutive notices for divorce 

4)  reasons should be mentioned for divorce 

5) pay wife her meher amount and maintenance during iddath period 

See firstly file a police complaint agaisnt her for intimidation threat and cruelty further you can take help of Qazi and senior Muslim advocate and can give her divorce notice and after three notice you can divorce her as per Muslim personal law and then can file declaration of same before the family court.

Better you give divorce her as per special marriage act. So you will be not in trouble in future from her all false allegations against you.

Greetings!

Please Approach some family counselling centres / mediation centres and explain them about your facts based on which they will arrange for a sitting and make you both understand; if it wont work then then you file a suit for restitution of conjugal rights.

Note: Please dont pronounce talaq as per the latest amendment of Muslim law pronunciation of talaq is an non bailable offence you will be  behind bar!!

See in your situation file a divorce before the family court on ground of cruelty agaisnt her , stating that she is intimidating , further she is harrasing your mother and you.

Against rowdies, can file direct FIR for criminal intimidation. As of now, don`t even think of filling divorce, just record their mental harassment and threat.

She recently delivered the child, so better record more threats of present and than apply for divorce.

record their threats 

2) file police complaint of criminal intimidation under section 506 of IPC 

3) you can divorce your wife as per procedure mentioned herein above 

You cannot decide to divorce since she is uneducated before wedding you would have verified all this there is no option left out now at this stage if your planning for divorce after a baby is not a valid grounds and you will be put behind bar as it's an non bailable offence ..

If your not willing to except the fact then you will be put behind bar just for a silly reasons deciding to pronounce talaq is not valid!!

- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.

- So, you are not advised to pronounce Talaq to her , otherwise you will have to face consequences.

- For threating and other cruelty, you should approach the police higher official as well, after mentioning that your wife and her family members are trying to implicate you false cases and to extort moeny from you. 

- If, she commits suicide , and leaves a suicide note, you could be booked by the police under Section 306 IPC for abetting her to commit suicide.

- For this suicidal threatening also , you should Inform the police after moving a complaint after stating that your wife is having suicidal tendencies and you should not be held responsible in case such a thing happens.

- However, on the above grounds , mentioned by you , you can file a Divorce petition as well.

You can file a case for divorce before family court of your district . In any matrimonial case there are multiple remedies available to wife . So being a husband you have to be very careful at the time of filing a divorce case.

If the situation  is intolerable and your feel that you cannot continue with this married life anymore then yo may think about dissolving this marriage instead of experiencing tortures, suffering  and harassment every day.

In the given situation over the talaq decision by supreme court and the change of law over triple talaq, the safest form of divorce under Muslim personal law is by Talaq-Ahasan or Talaq Hasan.

1. Talaq-Ahsan:-

This is the most proper form of repudiation of marriage. The reason is twofold: First, there is possibility of revoking the pronouncement before expiry of the Iddat period. Secondly, the evil words of Talaq are to be uttered only once. Being an evil, it is preferred that these words are not repeated. In the Ahsan Talaq there is a single declaration during the period of purity followed by no revocation by husband for three successive period of purity. In this form, the following formalities are required:

(a) The husband has to make a single pronouncement of Talaq during the Tuhr of the wife. Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the period of Tuhr is the period during which cohabitation is possible. But if a woman is not subjected to menstruation, either because of old age or due to pregnancy, a Talaq against her may be pronounced any time.

(b) After this single pronouncement, the wife is to observe an Iddat of three monthly courses. If she is pregnant at the time of pronouncement the Iddat is, till the delivery of the child. During the period of Iddat there should be no revocation of Talaq by the husband.

Revocation may be express or implied. Cohabitation with the wife is an implied revocation of Talaq. If the cohabitation takes place even once during this period, the Talaq is revoked and it is presumed that the husband has reconciled with the wife.

When the period of Iddat expires and the husband does not revoke the Talaq either expressly or through consummation, the Talaq becomes Irrevocable and final.

It may be noted that the characteristic feature of the Ahsan form of Talaq is a single pronouncement followed by no revocation during the period of three month’s Iddat. Therefore, where a husband makes any declaration in anger, but realising his mistake afterwards, wants to cancel it, there is sufficient time for him to do so. Single pronouncement of the civil words of Talaq and sufficient opportunity to the spouses for reconciliation, are the two reasons for calling this form as the ‘most proper’ form of Talaq.

(ii) Talaq Hasan (Proper):

This Talaq is also regarded to be the proper and approved form of Talaq. In this form too, there is a provision for revocation. But it is not the best mode because evil words of Talaq are to be pronounced three times in the successive Tuhrs. The formalities required under this form are as under:

(a) The husband has to make a single declaration of Talaq in a period of ‘Tuhr.

(b) In the next Tuhr, there is another single pronouncement for the second time.

It is significant to note that the first and second pronouncements may be revoked by the husband. If he does so, either expressly or by resuming conjugal relations, the words of Talaq become ineffective as if no Talaq was made at all.

(c) But, if no revocation is made after the first or second declaration then lastly the husband is to make the third pronouncement in the third period of purity (Tuhr). As soon as this third declaration is made, the Talaq becomes irrevocable and the marriage dissolves and the wife has to observe the required Iddat.

It may be noted that the important feature of Talaq Hasan is its revocability before the third pronouncement and its irrevocability after the third. In order to  make an effective Talaq, the words must be uttered three times in three consecutive period of purity.

You can decide about the next course of action accordingly.

If the talks with the police failed and have been advised by the police to wait for few months, then you may inform the police about the persisting threats especially through her mother and brother and seek protection in her presence itself.

You can plan to dissolve your marriage by adopting one of the methods suggested in my previous post or you can file a declaration suit to declare the dissolution of your marriage on the basis of the talaq intimation given to her by registered post.

Once you file divorce no one can threaten

Dear Sir,

By the virtue of Shariat Act Muslim Husbands can opt for divorce to their wives by way of:

1.  Talaq
   
   a) Talaq-ul-Ahsan (Single pronouncement made during a thur followed by abstinence from sexual intercourse for the period of iddat).
   b) Talaq-ul-Hasan (Three pronouncement made during successive thurs, no intercourse taking place during any of the three thurs).
2. 
   Ila – it is kind of constructive divorce which is effected by abstinence from sexual intercourse for the period of not less than four months pursuant to a vow, However according to Shafie Law the fulfillment of such a vow does not per se operate as divorce but gives wife the right to demand a judicial divorce.
3. 
   Zihar – it is a kind of inchoate divorce. If the husband compares his wife to his mother or any other female within prohibited degrees the wife has right to refuse herself to him until he has performed penance. In default of expiration by penance the wife has right to apply for judicial divorce. Cases of zihar are unknown in India and it has been doubted by text book writers whether the wife’s right under zihar would be enforced by Courts in India. But the law of zihar has now received statutory recognition in Sec. 2 of the Shariat Act, 1937.

Before Husband opts for any of the above form of Talaq, he has certain obligations as observed by the full bench of Bombay High Court, that:

Firstly, he has to make it known to his wife about any of these reasons and she must be given time to change her behaviour. If by his direct conversation/ persuasions she does not change her behaviour, the husband has to resort to the process of conciliation by informing to her father or any other parental relations.

Secondly, Two arbitrators, one from wife and one from the husband, are required to be appointed and it shall be the duty of the Arbiters to bring in a settlement between the parties so that they live together happily and inspite of these efforts having been made if the discord still persists to an irreparable level there is no alternative but to separate and it is at this stage that the husband has the right to give Talaq to his wife.

To divorce the wife without reason, only to harm her or to avenge her for resisting the husband’s unlawful demands and to divorce her in violation of the procedure prescribed by the Shariat is haram (forbidden).

The stage of conciliation with the intervention of the arbiters is a condition precedent for effecting Talaq either in Ahsan form or Hasan form. (Dagdu Pathan vs. Rahimbi, Full Bench of Bombay High Court, 2002 (3) Mh.L.J. 602)
Further the Court declared that a Muslim husband cannot repudiate the marriage at will and has to prove that all stages i.e.

1. Conveying the reasons for divorce
2. Appointment of arbitrators i.e. One Conciliator from each side preferably Muslims.

Above conciliations proceeding and conveying the reasons needs to follow when wife disputes the Talaq before a competent court.

Now condition precedent needs to be satisfied for Muslim Husbands to validate divorce in the light of Shariah and Indian law.

After pronouncement of Talaq, it is now husband to validate such talaqnama before Family Court.

A Family Court established under the Family Court Act, 1984 empowered to examine and validate the Talaq given by their husbands in order to dissolve marriage between the parties.

Therefore, in the light of the above recent triple Talaq Judgment to get valid divorce, Muslim husbands now needs to approach Family Court to validate and get declaration for divorce.