Hello all, I got married in 2014 under Islamic sharia law. Soon I had a baby girl and after 1 yr of marriage, she complained falsely that I don't like her and not treating her very well. Elders were involved, talked and then everything went fine for two years and then another baby boy was born and now again she started allegations that I'm sleeping around with other women. Also, she met some magician who is saying that she got possessed by our marital home and she should not be sleeping with me since then she is not coming to the home. Her mother and family have decided to separate/divorce but they want me to come forward I have heard from secret recordings so that they get alimony and other things but I am currently jobless and haven't got a single penny. I started a business but due to this family tensions I incurred losses and at the moment have become penny less. The following are my questions. 1) What should be my next course of Action? 2) I have been visiting their home for a few days to see my children but they are not letting me see them as I miss my son and daughter, shall I file a police complaint? 3) Even if elders talk and have a meeting and decide to send her, I'm scared that she will cut her self with a knife or suicide attempt as she did in the past. What should be my action? 4) She may file a false TT case on me? What is the current procedure for Talaq now after TT? 5) Shall I file a police complaint on that magician for spoiling my name and family? 6) She is claiming that I'm sleeping around with other women which is false and she has no proof. 7) Or shall I wait for her to take the action first and then decide what to do accordingly? 8) It has been six months she left home and I'm feeling lonely so I may look into doing second marriage, can she interfere in it? or as per the law? 9)She put my daughter in school without my permission, can i go and take my daughter from there because Im missing her and she is not letting me see my children Please advise as I am having sleepless nights. Many thanks
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1) issue wife arbitration/?reconcilation notice
2) if reconciliation fails then issue 3 consecutive monthly divorce notices
3) reasons should be mentioned for divorce that wife is making false allegations that you are having extra marital affair
4) file police complaint against her refusing to permit you to meet your children and refusing to return to her matrimonial house
5) you can file petition in family court seek custody of your children as per Muslim personal law
You can make complaints in women's cell of your area nearest police station.
File NC against her attempt to suicide and kill.
File complaints in women's cell for child custody.
1. You should send her notice to rejoin you for conjugal relations.
2. You can file police complaint but it will not be of much benefit.
3. You should file suit for visitation rights of your children.
4. you should take in written that she will not do such act to commit suicide and this will be just for your satisfaction.
5. Yes you can lodge FIR against that magician for blackmailing you and your wife.
6. You can take her from school but it create more trouble for you.
1.Let her file you contest the same.
2. File for custody or visitation rights before family court
3. File police complaint if she threatens to suicide
4. You can follow triple talaq but not instant one.
5. You can but it will not help you much
6. Don't worry
7. You can if you don't want custody immediately
8. Yes she can. But being Muslim you can marry
9 you can but she may file false case of kidnapping
1. See you can give her a notice of restitution to come back and join marital life, also can give a complaint in police that your wife is involved with one magician in some black magic activities and she and her family are intimidating you .
2. For child custody you have to.file before.the court you may complaint before the police though police may refuse to entertain as it is family.court matter.
3. See in that case you can take a written undertaking from her also you can seek help of police for mediation and same can be recorded that she will not involve in anything like cutting herself or intimidating you.
4. See after triple talaq prohibition there are other form under muslim personal law for divorce you can give her notice of divorce if she fail to respond same then you can give her further noticed and pronounce divorce.
5. Yes you can do that.
6. See you can initiate action from your side to.safeguard yourself.
7. As.per muslim personal law you can marry second time and she cannot take any action for same.
8. For daughter I would advise you to file before court and seek custody by court order.
File petition in court for child custody, court will grant visitation order. Mere allegations of adultery has no relevance, she have to prove.
2nd marriage is valid in islam until not barred by Nikahnama. She can`t do anything. You can go & meet your daughter, even you can carry her with you. But she may have directed the school administration, NOT LET YOU MEET.
And you carry her, she can file abduction complain. FIR will not lodge but police will recover the custody of baby. As of now, go ahead with 2nd marriage without her knowledge and file petition in court for child custody.
1. If you want to live with her then you can file a RCR petition before concerned court.
2. The police will not entertain any complaint hence you may have to file a child custody case in the court with an application for visitation rights.
3. Then you dont allow her to return to the matrimonial fold.
4. You better dont go for instant triple talaq, you can follow the talaq once in a month for three months and after that you may file a declaratory suit to declare your marriage as dissolved.
5. If you are directly affected by that person, you may take criminal action against him.
7. You can better do that.
8. Second marriage is a permitted affair as per your religion, hence you may go ahead.
9. You can do that but if she is taking legal action especially when the child is under 5 years of age then you may have to face problems..
- As per Supreme court judgment , wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
1. 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
- Hence, if you dont want to continue with her , then you should firstly try for the arbitration / reconciliation with the help of relatives , if failed , then you should pronounce Talaq three times , but with the gaping of 3 moths period of reconciliation .
2. Police has no power to direct her for allowing the same. You should approach the court for getting order of visitation .
3. Be alert , If your wife even try to commit suicide or after doing so, she leaves a suicide note, you could be booked by the police under Section 306 IPC for abetting her to commit suicide.
- Further, if she does not leave any note but her family and friends in their statement give your name as the cause of your partner’s suicide then also you will be booked under the same provision of law.
- Hence, you should give an information Application/Complaint to the SHO of your area police station , after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens.
- Further,Repeated attempts by wife to commit suicide amounts to extreme cruelty and divorce granted, as per Supreme Court decision in Narendra v. K. Meena, (2016) 9 SCC 455
4. Follow reply of No.1
5. Yes,
6. Now adultery is no more criminal offence, but it is a ground for divorce only.
7. You do so, but follow reply no.3 for safeguarding yourself.
8. No you should not do the second marriage , if you want divorce from first, because it will weaken you case.
9. Yes, since there is no restrained order from any court of legally.
Until there is a court order changing the circumstance both mother and father have equal rights to the care custody and control of the children. If your wife withholds the children from you then you need to get a court order determining custody and parenting time. Do not delay in retaining an advocate.you can contact me through this website.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Thanks for your replies, much appreciated. So the following happened during the last 1 yr. 1. Towards the end of lockdown, I went to see my kids. She and her parents refused to let them see and were threatening me. I have recorded that video of their threats and circulated it amongst of our relatives, friends, and families so that they are aware of the reality. 2. After a couple of months, I get a call from their area police station asking me to come and visit. The police officer threatens me why I took and circulated and will book me into cases. I said I recorded the video for my safety. He said he can book me into a Defamation case etc. 3. Then after two months, the SHO calls me again to come and visit the police station. He takes me into remand and says that I need to keep my wife in a separate house and she will not live there. Basically, they have bribed the police station and influenced them as they have local connections. 4. I said, I cannot keep her separately as I got my parents got the house and if she wants to live with me, she should come there and live with me. Hearing the SHO slapped me and took me into remand. Can the SHO hit me just like that, of my no mistake? My brother arranged a call from a local politician and ask SHO to release him but he was very adamant. 5. Then he makes me sign a letter on a blank paper, saying that in the next 3 months I will take a separate house and keep my wife, if not she will file cases on me and my family. under pressure, I had to sign this letter, isn't this blackmailing? 6. Now, 3 months is approaching shortly, I don't want to leave my parents and live separately. How can I take advance anticipatory bail? What is my best course of action going forward? I'm already jobless and spend so much money accompanying lawyers to police stations etc. In depression and sometimes thinking of ending this life.
Only if FIR is filed against you then you need to obtain anticipatory bail from sessions court
2) complain against SHO with commissioner of police that he forced you to sign on blank page and threatened to implicate you in false cases
3) you cannot be forced to stay separate from parents
The letter of undertaking given to police is not enforceable in law.
You need not worry about it.
You do not have to take even anticipatory bail for this.
Police have no rights or power to force you to live with her separately, if at all she is aggrieved she may have to approach court for this purpose and not police station.
If the police is once again summoning you, then you can issue a legal notice to police through your lawyer to refrain from indulging in such illegal acts and you can send the copy of this legal notice to the state human rights commission for further necessary action on this.
- Since, there is no FIR lodged against you , then court will not grant you anticipatory bail .
- However, if you apprehended by that I.O. then can take direction from the session court for not to arrest you , in the event of if FIR lodged against you.
- Further details , i have already mentioned earlier.
You can contact me , if further suggestion needed.